H4 Filing During Grace Period — What Are the Options?

Hi everyone,

I think this is a tricky case, and because of that, I want to hear the wisdom of the crowd!

I’ve been working with my employer for three years. When they filed my second H1B petition, they unfortunately made errors on the premium processing form. As a result, premium processing was rejected. Now it seems that my H1B petition is proceeding under regular processing, but I haven’t yet received a receipt notice.

The real issue is my family’s H4 status. Because I haven’t received the H1B receipt number, I haven’t been able to file the H4 applications for my dependents. Their current status is about to expire, and the grace period is approaching quickly.

Here’s my main question:

If I submit the H4 applications during the 60-day grace period (after their status expires), is that still considered a timely filing? Or would they need to leave the U.S. before the grace period ends to avoid accruing unlawful presence?

I’d really appreciate any insights or similar experiences. Thank you so much!