H4 Documentation

J

jayaram chaturv

Registered Users (C)
Hi there

I work in MA. My company applied for H1-extension for me 3 weeks back and I got the Reciept number. Now, I need to apply H4-Extension for my wife. It seems our company lawyer is very busy and we are not able to get his time for this.

My questions are :
(1) Can I directly apply for her H4 extension(Is it safe) or Do I need to go thru my company lawyer again.

(2) If I can apply directly, what are the documents I need to send and where to send?

Your help and suggestions are greately appreciated.

Thanks in advance
Jayaram
 
You can file your wife's H-4 extension. No need for any lawyer. All the required document are listed in the instruction of I-539 form. Just add a copy of your receipt notice and marriage certificate etc. You will be fine.

good luck
 
This is the procedure and documentes needed for filing I-539

1. Formal Letter to INS to extend H4 signed by spouse.
2. Form 1-539 signatured by spouse
3. Copy of my H1-B Approval Notice
4. copies of spouse passport and I-94.
5. copies of spouse H4 Visas in Passport
6. copy of Marriage certificate
7. Original Employment Verification letter from employer
8. My 3 Latest pay stubs.
9. Copy of my H1-B petition application .
10. Personal check for $140 payable to INS.

Thanks
 
------Some corrections

This is the procedure and documentes needed for filing I-539

1. Formal Letter to INS to extend H4 signed by spouse.( that is cover letter and write in cover letter the documents attached in order. Check should be at top.)
2. Form 1-539 signatured by spouse( and attach that your spouse is working on H1b status with XYZ company and he earns XYZ amount annually and he fully supports you)
3. Copy of my H1-B Approval Notice
4. copies of spouse passport and I-94. (copy of I-94 both the sides)
5. copies of spouse H4 Visas in Passport (and copy of I-94 both the sides)
6. copy of Marriage certificate
7. Original Employment Verification letter from employer
8. My 3 Latest pay stubs.
9. Copy of my H1-B petition application .( not needed for H4 extension only H1 approval copy is enough)
10. Personal check for $140 payable to INS.( $140 payable to USCIS)

*** write out side the envelope in big bold letters” Form I-539 for H4 extension”
 
Hi there

Thanks to all of you.. I have couple of questions again regarding the H4 documentation.

(1)I do not have H1B approval Notice yet. My company just filed for the H1B extension. So I have only that Reciept. So Can I apply just with that Reciept or do I need to wait until I get H1B approval notice ??

(2) Where can I get I-539 Form or from where Can I download ?

(3) Where to Mail/submit this documentaton. I work in Waltham, MA 02451 and live in LOWELL, MA 01852.

Thanks in advance
Jayaram
 
Hi

Allthe forms are on the USCIS. gov website. Dowload it from there. You will find all the info. in the form itself.

H1-B filing receipt notice will be fine to apply for H-4 extension.

Good luck
 
H4 Extension

Hi

Thanks again.. I have one last question forgot to mention last time...

My spouse H4 visa expired dec 31,2003 (13 days back). Her Passport was struck in Indian consulate and I have recieved last week. So now I have her passport with me. My question is:

(1) Does this delay in filing for H4 extension will cause any problems ?? or Is there any grace period or some thing like that to consider the H4 Extension application ?

Little worried about that. so please let me know.

Thanks a lot in advance
Jayaram
 
As far my knowledge is concerned, one should apply for extension atleast few days before the expiration of H1 and H4 visa, then you can automatically stay and work in US for another 200+ days without until approval. I have no idea how things work after expiration.......someone else with experience should advise on that.

You should have applied for her H4 extension with a photocopy of her passport, you donot actually reqired a real passport for that.

But you should apply as soon as possible. The approval date of both H1 and h4 should refelect from the date your previous visa has expired. In that case there may not be any problem....
 
Re: H4 Extension

Jayaram,
I am so sorry to say that you are gonig to have some problems .
Unless you have genuine problems .You should have filed her extension 45 days before . why you took so long time
now she is out of status .. yes out of status again ..
did you check this matter on I-539 form...
--------------

When and Where to File.
You must submit an application for extension of stay or change
of status before your current authorized stay expires. We
suggest you file at least 45 days before your stay expires, or as
soon as you determine your need to change status. Failure to
file before the expiration date may be excused if you
demonstrate when you file the application that:
the delay was due to extraordinary circumstances beyond
your control;
the length of the delay was reasonable;
you have not otherwise violated your status;
you are still a bona fide nonimmigrant; and
you are not in removal proceedings.
If you are filing as a V applicant, follow the instructions on the
Supplement A to Form I-539, Filing Instructions for V
Nonimmigrants, on where to file your application.
-----------------
Consult a good lawyer or send her immediately to india ..
or she will be barred for 3 years and if she is more than 180 days she is barred for 10 years ..

Thanks again.. I have one last question forgot to mention last time...

My spouse H4 visa expired dec 31,2003 (13 days back). Her Passport was struck in Indian consulate and I have recieved last week. So now I have her passport with me. My question is:

(1) Does this delay in filing for H4 extension will cause any problems ?? or Is there any grace period or some thing like that to consider the H4 Extension application ?

Little worried about that. so please let me know.

Thanks a lot in advance
Jayaram [/B][/QUOTE]
 
My spouse H4 visa expired dec 31,2003 (13 days back). Her Passport was struck in Indian consulate and I have received last week. So now I have her passport with me. My question is:

(1) does this delay in filing for H4 extension will cause any problems?? or Is there any grace period or some thing like that to consider the H4 Extension application ?
------ Your wife is out of status and staying illegally in US. In the past 3 years back INS/ BCIS and now USCIS had forgiven this kind of mistake filing 10-15 days late and they treated it is an innocent mistake and approved H4 extensions.
But these days USCIS deny the case. If you go to good lawyer and he says that he will draft a letter for the mistake and he files H4 extension now he cannot give you grantee that USCIS will approve her H4 extension (lawyer only interested in fees). Suppose you file the extension now and it takes 5-6 moths to get approval and if they deny the case all the days she was in US will be counted as Illegal stay and if more than 180 days 3 years bar starts.
Little worried about that. so please let me know.
---- Best option buy a ticket send her to home country ASAP, let her get new H4 visa stamp based on your H1 and again enter on H4.
 
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