Apply F1 to H4 COS I 539 with a Pending I 130 Petition.

[vjak19830402]

I am on F1 OPT. Enter US in 2018 on F1. I am filling up I 539 form for myself. My sister back in 2019 applied for I 130 Immigration petition for Alien Relative. My sister received a I 797C Receipt notice saying case was received. It has USCIS Alien Number mentioned. Now while filling I 539 , I have these questions:

Part 1 Item Number 2. Alien Registration Number ( A-Number ) ( If Any ): Do I need to mention F1 OPT Alien registration number here which is on my OPT card. I have used this A number when filing for an OPT extension a few months ago.

Part 4 Item Number 3. Are you, or any other person included on the application, an applicant for an immigrant visa?
The I 130 receipt notice lists my sister as the applicant as she is applying and me as beneficiary. Should be this be “No”?

Part 4 Item Number 4. Has an immigrant petition EVER been filed for you or for any other person included in this application?
Should this be “yes”


Question:
Is it possible that answering yes to Part 4 , Item Number 4 Question Has an immigrant petition EVER been filed for you or for any other person included in this application? could lead to H4 denial?

Should I attach a cover letter explaining about this for H4+H4EAD and explain why part 4 Item Number 4 is yes and attach I 130 receipt notice ? Is it needed to be done like this?

Please let me know. Thank you. Much appreciated.

 

[newacct]

Part 1 Item Number 2. Alien Registration Number ( A-Number ) ( If Any ): Do I need to mention F1 OPT Alien registration number here which is on my OPT card. I have used this A number when filing for an OPT extension a few months ago.

I think you can use the A number from the I-130.

Part 4 Item Number 3. Are you, or any other person included on the application, an applicant for an immigrant visa?
The I 130 receipt notice lists my sister as the applicant as she is applying and me as beneficiary. Should be this be “No”?

Should be "no"

Part 4 Item Number 4. Has an immigrant petition EVER been filed for you or for any other person included in this application?
Should this be “yes”

Should be "yes"

Question:
Is it possible that answering yes to Part 4 , Item Number 4 Question Has an immigrant petition EVER been filed for you or for any other person included in this application? could lead to H4 denial?

No. H4 who are the spouse of H1b do not need to overcome presumption of immigrant intent.

Should I attach a cover letter explaining about this for H4+H4EAD and explain why part 4 Item Number 4 is yes and attach I 130 receipt notice ? Is it needed to be done like this?

I don't think so.