I539 and H4 question

Participant

Registered Users (C)
My friend has filed his H1 extension and some time ago
and got his extension with in time.
But he didn't apply for extension for his spouse and missed.
He is palnning to apply by himself for her,as the fees of lawyer is too much.
His spouse H4 was already expired one month ago.
His questions are:

In for I539,Doc. to be submitted(as per form I539 info'):
a)The form I129 filed for that employee:
Is it a copy will do or...?


As the H4 is expired one month ago(seems out of status),
applying now with USCIS,will create ANY Problmes ?
Any inputs will be appreciated.
 
For H4 extension:
Form I-539, USCIS fees $140, copy of valid H4 status I-94 (both the sides) Copy of passport pages, copy of marriage certificate +primary H1 holders H1 approval copy. H1 holders I-94 (both the sides) and 2-3 recent pay stubs copy. Write in the cover letter the documents attached and cover letter has to be signed by H4 holder


His spouse H4 was already expired one month ago
----- It means spouse I-94 is expired and USCIS will not extend H4 status, it was possible 2 years back and INS forgiven this kind of innocent mistake and at this time USCIS is strict and may not approve the status if I-94 expired. If you still apply for H4 extension and it is denied after 6 months (service centers are taking 5-7 months at this time for extensions) she cannot enter US and 3/10 bar starts. She is staying illegally for 1 month and if H4 denied she would add more than 6 months to her illegal say. If I am in your situation I will send her out of US immediately so that she does not hit 6 months illegal stay in US. She can go out and can get H4 visa stamp from Consulate and enter on H4 status
 
Top