H4 Visa Extension After 1-94 Expiry

[crosenthil]

My dependent's H4 visa & 1-94 got expired on May/03/2017. The extension was applied on May/24/2017 and got the receipt no. Still the Visa is not approved. The receipt notice has the Vermont office address. Can some one guide me here on whether the days between May/03/2017 and May/24/2017 during which which my dependent's were out of status is going to be an issue?

[newacct]

My dependent's H4 visa & 1-94 got expired on May/03/2017. The extension was applied on May/24/2017 and got the receipt no. Still the Visa is not approved. The receipt notice has the Vermont office address. Can some one guide me here on whether the days between May/03/2017 and May/24/2017 during which which my dependent's were out of status is going to be an issue?

The visa is irrelevant (visas are only for entry); it's the I-94 that matters. So they filed extension of status late (after already being out of status)? USCIS usually does not accept late filings for extension of status unless there's a very good reason.

Furthermore, they started accruing "unlawful presence" when they stayed after their I-94 expired. Although one does not accrue "unlawful presence" while a timely-filed extension of status application is pending, their extension of status was not timely, so it does not protect them against accruing "unlawful presence" (unless the extension of status is ultimately approved, which is highly unlikely in this case). Therefore, they have been accruing "unlawful presence" from May until now. This is more than 180 days, which means that if they leave the US now they will trigger a 3-year ban (and if they wait until they have accrued 1 year of "unlawful presence" and then leave the US, they will trigger a 10-year ban).