file H4 when previous I-539 pending at different service center

mm21468

New Member
My application for change of status from F1 to F2 is pending at INS. My Husband is on OPT and will file H1B soon. I want to withdraw the pending I-539 petition at the same time as filing the new I-539 petition for H-4. But how do I do it while my new application is filed in Nebraska service center while my previous I-539 petition is pending at vermont service center? Due to different processing time, it is possible that my case is cancelled while the new petition has not been filed yet. If that is the case I will be out of status, right?

One more specific question related to form I-539. part3 question 1: “I request that my requested status be extended until (MM/DD/YYYY)”. If I file H-4 together with my husband’s H-1B petition, how do I know which date INS will extend the H-1B to? Is it true that they will give three years no matter what’s on employee’s contract? (I-129 Part 5 )
 
1: “I request that my requested status be extended until (MM/DD/YYYY)”. If I file H-4 together with my husband’s H-1B petition, how do I know which date INS will extend the H-1B to?
-------- Lawyer who is going to prepare the H1B petition according to LCA approved for employer is going to write the date till what date they want H1B to be approved
Is it true that they will give three years no matter what’s on employee’s contract? (I-129 Part 5 )
---- Employer asks for the time it can be for 6 months 1 year 2 year or 3 year on the I-129 petition and if spouse extension H4 (I-539) is filed with this petition H4 will be till the date primary H1B holder petition is approved.
Talk to lawyer for more info about your status
 
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