Help- I-539 and H4 to H1 Transfer Questions

[Success102]

1) My H1B expires on 09/DD/2005. My company is based on Maryland and has filed my H1b Renewal (I-129) two weeks back from Vermont Service Center. Should I file my wife's "Application to Extend/Change Nonimmigrant Status" (I-539 form) at Nebraska Service Center as I live in Michigan or Should I file at Vermont Service Center?

2)Do I have to attach my wife's original I-94 record when I filed her I-539 form? Following is the text on page 5 of I-539 form where we put mailing label details
"Mailing Label – Complete the following mailing label and submit this page with your application if you are required to submit your original Form I-94"

3)In form I-539 what should I write in Part 3 Q4 - "Give the name of the petitioner or applicant"- It should be my name or my company's name.

4)When my wife's H4 extension (I-539) is in process, can I file for her H1b? And If I file her H1b what will be her status in following two cases.
•H1B petition rejected and H4 approved.
•H1B petition approved and H4 approved.

Thanks for all your help.

 

[great guru]

1) My H1B expires on 09/DD/2005. My company is based on Maryland and has filed my H1b Renewal (I-129) two weeks back from Vermont Service Center. Should I file my wife's "Application to Extend/Change Nonimmigrant Status" (I-539 form) at Nebraska Service Center as I live in Michigan or Should I file at Vermont Service Center?

You should have applied H4 along with your h1 at vermont. Send only Photocopy Front and back side of I 94.
2)Do I have to attach my wife's original I-94 record when I filed her I-539 form? Following is the text on page 5 of I-539 form where we put mailing label details
"Mailing Label – Complete the following mailing label and submit this page with your application if you are required to submit your original Form I-94"

3)In form I-539 what should I write in Part 3 Q4 - "Give the name of the petitioner or applicant"- It should be my name or my company's name.

H4, applcant is the petitioner not the company. You must atach your H1 too if you are applying H4 not with H1.
4)When my wife's H4 extension (I-539) is in process, can I file for her H1b? YES And If I file her H1b what will be her status in following two cases.
•H1B petition rejected and H4 approved. Same old H4•

H1B petition approved and H4 approved.

Definitely you have to give your H4 reference to H1 application, if both are under process, and h1 is approval, INS will ask you to withdraw the H4 irrespective of the service center that you have applied your H4.
Thanks for all your help.