Gurus Ginnu Jaxen help please H4 I-539 issue

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kartoos

Registered Users (C)
My wife’s I-94 is expiring on Feb 05th 2004. My lawyer tried to send I-539 to Nebraska INS office 2 times but they returned it back saying that we have to file in Texas. My H-1 extension was filed in Nebraska and I have it approved till Feb 5th 2005. My lawyer is from Florida but I live in Colorado. Nebraska guys said since my lawyer is from Florida we have to file in Texas center. Does anyone have similar experience?

Also will it be ok if I-539 is sent to Texas whereas my H-1 was extended in Nebraska?

Assuming my lawyer sends the I-539 today and I get a receipt by Feb 5th will my wife be ok or will she be out of status till I-539 is approved. . I am planning to go for Consular Processing so I don’t want any issues with my wife being out of status. Please advice what I should do? Should I book a ticket to India for her so that she can go back get a visa stamping and new I-94 or hope that I-539 will go through fine?
 
I-539 is a simple form. Even you can fill and send it for your wife.

What i know is, if they have received I-539 before the expiration of I-94, then your wife's stay is ok here. She can live here untill the decision on I-539. I am not a lawyer, i am writing what i experienced.


Originally posted by kartoos
My wife’s I-94 is expiring on Feb 05th 2004. My lawyer tried to send I-539 to Nebraska INS office 2 times but they returned it back saying that we have to file in Texas. My H-1 extension was filed in Nebraska and I have it approved till Feb 5th 2005. My lawyer is from Florida but I live in Colorado. Nebraska guys said since my lawyer is from Florida we have to file in Texas center. Does anyone have similar experience?

Also will it be ok if I-539 is sent to Texas whereas my H-1 was extended in Nebraska?

Assuming my lawyer sends the I-539 today and I get a receipt by Feb 5th will my wife be ok or will she be out of status till I-539 is approved. . I am planning to go for Consular Processing so I don’t want any issues with my wife being out of status. Please advice what I should do? Should I book a ticket to India for her so that she can go back get a visa stamping and new I-94 or hope that I-539 will go through fine?
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What? Did the lawyer mention in the second attempt that the case belongs to NSC? You should have applied for H4 extension along with the H1.
I also dont believe whether the lawyer is doing things right. Lawyers can still talk to an officer and get an answer (thru AILA)

Moreover you can apply for H4 extension by yourself. As long as your H1 is valid, your spouse's status is covered, no problem,
You can also send it to TSC if you live in TSC covered state.
 
Also will it be ok if I-539 is sent to Texas whereas my H-1 was extended in Nebraska?
---- yes , send it to TSC
 
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