I-539 H4 extension

gcperson

Registered Users (C)
Since my attorney asked for $1000 for H4 extension, doing it on my own.

This forum is of great help for people like me. Thank you for everyone for their valuable information.

I got 2 questions (applying for h4 extension based on spouse's approved H1B)

part4 in form 539

a. Are you or any other person included on the application, an applicant for an immigrant visa? yes no

b. Has an immigrant petition ever been filed for you or for any other person included in this application? yes no

c. Has a Form I-485 Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application? yes no



I'm in final stage of GC. Should I need to say "YES" for a, b and c above. What additional information I have to give in the separate sheet (it says if you answer yes to any question, explain on separate sheet of paper)


2. In Part I, should I need to fill up A# column?


Thank you in advance,

gcperson
 

ginnu

Registered Users (C)
Since my attorney asked for $1000 for H4 extension, doing it on my own.

This forum is of great help for people like me. Thank you for everyone for their valuable information.

I got 2 questions (applying for h4 extension based on spouse's approved H1B)

part4 in form 539

a. Are you or any other person included on the application, an applicant for an immigrant visa? yes no
I-140 is the immigrant petition for H4 holder it is not submitted write NO
b. Has an immigrant petition ever been filed for you or for any other person included in this application? yes no
--- NO
c. Has a Form I-485 Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application? yes no

---- if I-485 has been filed for your spouse then write YES if not than NO

I'm in final stage of GC. Should I need to say "YES" for a, b
YOU are not filing H4 stats extension your wife is filing and going to sign the form I-539 and her answer for a,b will be NO
and c above.

---- for, C if she has also filed I-485 then she should write YES
What additional information I have to give in the separate sheet (it says if you answer yes to any question, explain on separate sheet of paper)


Write in the column please read SHEET A and write on that sheet that for my husband I-140 or I-485 has been filed

2. In Part I, should I need to fill up A# column?

If your wife has applied I-485 and got I-485 filing receipt check that I-485 filing receipt at left side it has A#, if she has not applied I-485 then she does not have A# and write ”none”
*** She should sign the form I-539 and on separate sheet she should also write that my husband XYZ is working with company ABCD and gets XXXXX amount annually, better if you attach your employer letter also and it should have your job tile Skills and salary and request to USCIS to extend H4 your spouse ABCD till your H1. you need to attach
Form I-539, USCIS fees$ 140, copy of her passport pages, copy of her valid I-94 (front and back) copy of YOUR H1b approval notice and copy of YOUR I-94 (front and back) and extension date on I-539 should be asked till the date of your H1 expiry date.
Write on the cover letter in bold FORM I-539 for H4 Extension and then in the cover letter write the documents attached in order(keep the check at TOP)
your wife should sign the cover letter, she should write her name address and date

while sending it to USCIS write out side the envelope in big bold letters: Form I-539 for H4 status extension
and send by Fedex or certified mail
*** before sending make the copy and keep the copy of complete package with you.
 

gcperson

Registered Users (C)
Thankyou so much.

Ginnu,

Thankyou so much for the info.

1. For me I-140 is approved and I-485 is pending for both of us. In the explanation to Part 4 (c), should my wife need to mention about my 140 approval as well I-485 details for both me and her?

2. For me H1B was approved by Vermont SC, since my company is from the area under VSC. But We are living in NSC area. So Where should I file the H4 extention form, VSC or NSC?


Once again thanks for the valuable info.


gcperson
 

ginnu

Registered Users (C)
1. For me I-140 is approved and I-485 is pending for both of us. In the explanation to Part 4 (c), should my wife need to mention about my 140 approval as well I-485 details for both me and her?
----- about her, no I-140 was filed for her
2. For me H1B was approved by Vermont SC, since my company is from the area under VSC. But We are living in NSC area. So Where should I file the H4 extention form, VSC or NSC?

---VSC
 

gcperson

Registered Users (C)
Thankyou Ginnu.

My wife's H-4 approved on 03/25/03. Checked the status today and found that it was approved.

Thank you Ginnu for your help


gcperson
 

am22

New Member
Spouse H4 extension

Hi, I have been following your thread here.. have a few questions. I am on F2 right now & my wife is on F1, she got a job recently & her company has filed her H-1 I will file for my H4 myself.
Q1. For I-539 Pg.1 Part 3 Ques 1 - what should be the date I can enter for my change to be - till what date?
Q2. i539 Pg2 Part4 ques 3c I -485 do I say yes/no to that.. we just applied for an H1 right recently Nothing like permanent address

Documents to be sent along:
1. I-539
2. Copy of passport
3. Copy of F-2 visa
4. Copy of I-94 both sides
5. Copy of Valid Marriage licence
6. I-539 USCIS Fees $300

Plz let me know if I need to send anything else.
My Wife's petition frm F-1 to H-1 is just received in VT office, a couple days back. I have to send my i539 for f-2 to h4, wht office do I send my app. Dallas Lockbox ?

eagerly waiting for ur response
 

ginnu

Registered Users (C)
Hi, I have been following your thread here.. have a few questions.
I am on F2 right now & my wife is on F1, she got a job recently & her company has filed her H-1 I will file for my H4 myself.
--------------- if you wife H1 has not been approved then you cant file H4. H4 is based on spouse Valid H1 status.

Q1. For I-539 Pg.1 Part 3 Ques 1 - what should be the date I can enter for my change to be - till what date?
---------------------Till H1 approval validity of your spouse H1 or validity of her I-94 expiry date.
Q2. i539 Pg2 Part4 ques 3c I -485 do I say yes/no to that.. we just applied for an H1 right recently Nothing like permanent address
---------------------- You or your wife has not filed I-485 and answer will be NO
Documents to be sent along:
1. I-539
2. Copy of passport
3. Copy of F-2 visa
4. Copy of I-94 both sides (front and back of of her H1 status based I-94 and front and back of your I-94)
5. Copy of Valid Marriage license
6. I-539 USCIS Fees $300 (check the Fees again on USCIS site)

Plz let me know if I need to send anything else.
My Wife's petition frm F-1 to H-1 is just received in VT office, a couple days back. I have to send my i539 for f-2 to h4, wht office do I send my app. Dallas Lockbox ?
----------------- Your wife H1 is NOT approved at this time. She is NOT on H1 status at this time and you cant file H4 as her H1 is not approved. Why you did not file H4 COS at the time her H1 was filed?
eagerly waiting for ur response

Talk to good lawyer according to your situation and seek legal advice.
 

kilo567

New Member
RFE on H4 extension asking H1 approval while its still pending

I recently applied for my 7th year's H1B extension on 13th July 2010 based on my I 140 approval and

period requested for H1B extension was till 30th September 2013 (3 years). However My Case still

Pending with Vermont service center.

Meanwhile, before my H1B approval I applied H4 extension(separately) for my spouse with my H1B Receipt

Notice and requested for H4 extension till 30th September 2013 While mentioning My Pending H1 Extention

receipt Number in I539 form. We recently received an RFE , asking that to submit the proof my H1B

approval.


In this regard, I dont to how to proceed and answer USCIS's RFE. Can you please help in this regard.
 

vachu

New Member
hello all,
A quick question since it was quite urgent.
Our I-485 is filed and receipt number is awaited. Meanwhile for my H4 extension ( husband is on an H1 with approved I-140), regarding the below questions on the I-539 form, can you please guide on the response as yes/no ?
a. Are you or any other person included on the application, an applicant for an immigrant visa? ( Have entered as YES)
b. Has an immigrant petition ever been filed for you or for any other person included in this application? ( Have entered as NO)
c. Has a Form I-485 Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application? ( Have entered as YES)
Thanks in advance.
 
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