Immediate Question about Form I-539/H4 transfer

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bhola2005

Registered Users (C)
Hello Friends,

I am going to file I-539 for my wife to trasfer her to H4. I already have a approved I-140. I did not filed I-485 yet. I have one/two questions about part 4 of the form I-539.

a) are you or any other person included in the application, an applicant for an immigrant visa??

b) Has an immigration petition ever filed for you or any other person included in the application? ?

The reason I am trying to get a H4 for her and then planning to file the I-485 (company sponsored). So, I need to know what I should say for the above two questions?

Please help.
Thanks,
Bhola
 
bhola2005 said:
Hello Friends,

I am going to file I-539 for my wife to trasfer her to H4.
----------- I think your wife is on H1 status and she want to change her status from H1 to H4 in US
I already have a approved I-140. I did not filed I-485 yet.
----------------- why you dont file your I-485 and her I-485? you ned I-140 filing reciept

I have one/two questions about part 4 of the form I-539.

a) are you or any other person included in the application, an applicant for an immigrant visa??
--------------- I-140 is filed for YOU not for your wife and I-140 is immigrant visa petition.
b) Has an immigration petition ever filed for you or any other person included in the application? ?
---------I-140 is filed for YOU, I dont know if her employer filed I-140 for her
The reason I am trying to get a H4 for her and then planning to file the I-485 (company sponsored).
----------------you CAN file your I-485 and her I-485 if she is on H1 status. why she need to be on H4 status to file I-485??
So, I need to know what I should say for the above two questions?

Please help.
Thanks,
Bhola
Click to expand...
 
Ginnu,

She is on F1 now. Her F1 will expire soon. That's why I need to file H4 for her. The reason I am not filing I-485 because my employer agreed to file I-485 for me after a month or so.

She will be out of status by then. So, I was trying to fill I-539 and came up with those two confusing question. Now, please clarify what I need to say for the above question?? I already have a approved I-140.

From your reply looks like I should say yes to the question, is that right??

Thanks,
bhola
 
You have to say No to both the questions.It was your I-140 and not her's.I did the same.
Hope it helps
 
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