H4 - I-539 application???

R

RajWaitingonLCA

Registered Users (C)
Hello everyone,

One question came up in my mind......please advice.

On first H4B stamping for my dependents I never applied seperate I-539 application, but they got stamped based on my original I797 form.

when I transferred my H1B to company B; my attorney applied for I539 application and offcourse they got approved, and while with company B, along with my 7th year premium processing application, attorney applied for I-539 for an H4 extension...and..got approved....

my question is first time I didn't applied for seperate I539 is OK or if I go for stamping VO will ask me why you didn't apply for an seperate I539?????I do not want to hear from VISA Officer that your wife H4 status was out of status since on your first H4 stamping time you didn't applied for an seperate I539???

Please advice guru???

Thanks
Raj
 
I don't think first time you have to apply for I-539, H4 gets stamped first time based on your H1B stamping. Then once you are in US you have to apply with I-539 so you get the latest I-94 to be in status within the country.

I don't think anyone can say that H4 is out of status as long as they have a valid I-94 whenever they are in US. Now to prevent our wives from being out of status we have to apply for extension by filing I-539. It doesn't make much sense does it? :)
 
GC_Lover...You rule!

Hello ...

Perfect explanation......that's what I was looking for...you are the man....thanks alot.

Thanks
Raj

GC_Lover said:
I don't think first time you have to apply for I-539, H4 gets stamped first time based on your H1B stamping. Then once you are in US you have to apply with I-539 so you get the latest I-94 to be in status within the country.

I don't think anyone can say that H4 is out of status as long as they have a valid I-94 whenever they are in US. Now to prevent our wives from being out of status we have to apply for extension by filing I-539. It doesn't make much sense does it? :)
Click to expand...
 
How long your wife's H4 extension (I-539) took to get approved in premium processing.

Is there any way we can track I-539 application online.
 
Kram said:
How long your wife's H4 extension (I-539) took to get approved in premium processing.

Is there any way we can track I-539 application online.
Click to expand...

Usually premium processing cases are approved within 10 business days, 15 tops but its fairly quick.
 
I got mine (I129) approved but my wife's H4 extension not yet approved. do you know how long the H4 extension takes nowadays. Is it a seperate process. If it is how do i track it online.
 
I got it in 20 days

My attorney applied along with my H1B Premium processing....I129 and I539 togeother.....only needs to pay H1B premium processing fees.....my attorney said when you file both togeother as soon as they approve your H1B they can approve H4 along with H1....but bottom lline is I got both approval in 20 days....along with RFE (needed company contract details)

Thanks
Raj

Kram said:
I got mine (I129) approved but my wife's H4 extension not yet approved. do you know how long the H4 extension takes nowadays. Is it a seperate process. If it is how do i track it online.
Click to expand...
 
RajWaitingonLCA said:
My attorney applied along with my H1B Premium processing....I129 and I539 togeother.....only needs to pay H1B premium processing fees.....my attorney said when you file both togeother as soon as they approve your H1B they can approve H4 along with H1....but bottom lline is I got both approval in 20 days....along with RFE (needed company contract details)

Thanks
Raj
Click to expand...

Can you tell us more about RFE and what were they asking for? I have heard from more than one person about this RFE, is it something new? Are they asking details about your client you are working at?

Thanks
 
RFE info

Hello...

This RFE was for me, when my attorney filed for my 7th year extension, she didn't attached "Company Contract"; I never knew what this is for...but Employer and Attorney...just bcoz she didn't submitted Contract document, I got a RFE.

USCIS asked document for.
1. Company Contract
2. Last 4 months of pay stub
3. Empoyment letter

Please let me know in case if you have any questions.

Thanks
Raj

GC_Lover said:
Can you tell us more about RFE and what were they asking for? I have heard from more than one person about this RFE, is it something new? Are they asking details about your client you are working at?

Thanks
Click to expand...
 
RajWaitingonLCA said:
Hello...

This RFE was for me, when my attorney filed for my 7th year extension, she didn't attached "Company Contract"; I never knew what this is for...but Employer and Attorney...just bcoz she didn't submitted Contract document, I got a RFE.

USCIS asked document for.
1. Company Contract
2. Last 4 months of pay stub
3. Empoyment letter

Please let me know in case if you have any questions.

Thanks
Raj
Click to expand...


Thanks for the info Raj. I have heard that these days for H1 extension also they are asking a letter from client that you are working with and how long that project will be. They are not asking for everyone but I have definitely heard about a case, just like they do for stamping these days, random client letter check.
 
now what we can say?

I spoke to my employer and they said do NOT mention that I work at client site and all...just tell them I work for my employer....that's it....actually originally H1B law also says H1B holder should work at employer site NOT client site...and now law maker is asking client letter..if we show client letter than we are in trouble and if we don;t and than still trouble....something thinkable ....what we should do exactly in this situation....

Any how I have a client letter with me...let's see....

Thanks
Raj

GC_Lover said:
Thanks for the info Raj. I have heard that these days for H1 extension also they are asking a letter from client that you are working with and how long that project will be. They are not asking for everyone but I have definitely heard about a case, just like they do for stamping these days, random client letter check.
Click to expand...
 
Hi gurus ,
I got my labor approved couple of weeks back(After 4 and a half years).My 7th year H1B was filed in Dec 2005 while my labor was pending.Since my labor is cleared now are there any dangers for not getting the 7 th year extension.....not sure about the rule....
Please advise.

Thanks
dask_1
 
dask_1 said:
Hi gurus ,
I got my labor approved couple of weeks back(After 4 and a half years).My 7th year H1B was filed in Dec 2005 while my labor was pending.Since my labor is cleared now are there any dangers for not getting the 7 th year extension.....not sure about the rule....
Please advise.

Thanks
dask_1
Click to expand...

Nope you are still fine for 7,8,9...n years of extensions.
 
H4 Extension Issue - Ended in good way.

Hi Friends,
I want to share H4 Extension Issue experience with you. This issue may cover some concerns in this thread.

While we are in process of my H1b 7 th year extension, My attorney did not know that I was married and did not apply for H4 extension for my wife. I thought she would apply. Some mis communication. And I do not blame my attorney here. Its my duty to take care of H4 extension 'period'.

I should mention that my attorney is very good and treats us like good clients. Meanwhile, I got my H1 extended. And while my attorney is documenting for my I-140 application, she found that I got to file for H4 extension immediately.

We applied H4 extension (two days after I 94 date expired) and I got prepared to send my wife to India so that she would not trigger 3 year ban. Attorney explained the miscommunication in the H4 extension application cover letter. Just today we got the H4 extended with I94, which means my wife do not need to go to India and reenter US for I94.

We got the H4 extension in 5 weeks (Not premium processing) :rolleyes:


Note - I am not an Attorney. Each case can be different and can be more complicated. Consult your attorney for any issue. Do not rely on my experiences or my cases.
 
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