two questions on form 539 for H1->H4 COS

O

onion

Registered Users (C)
Hi all,

I have two questions on form 539 for H1->H4 COS.
  1. Part 1 last question (current nonimmigration status expiration date): the applicant's current H1-B visa is valid until 5/25/2009, but her employment will end 8/31/2007. Which date should be used for current status expiration date?
  2. Part 4 question 3g (Have you been employed in the US since last admitted or granted extension or COS): The applicant is currently on H1-B. should the answer be 'yes' and list the currently employment?

This application will be efiled on Thursday 8/30. Any quick help is highly appreciated.

Thank you,
 
onion said:
Hi all,

I have two questions on form 539 for H1->H4 COS.
  1. Part 1 last question (current nonimmigration status expiration date): the applicant's current H1-B visa is valid until 5/25/2009, but her employment will end 8/31/2007. Which date should be used for current status expiration date?
  2. Part 4 question 3g (Have you been employed in the US since last admitted or granted extension or COS): The applicant is currently on H1-B. should the answer be 'yes' and list the currently employment?

This application will be efiled on Thursday 8/30. Any quick help is highly appreciated.

Thank you,
Click to expand...


IMO,

1> USCIS does not need to know what happens on 8/31. Use 1-94 expiration date (5/25/2009).

2> Yes, employed.
 
Thank you EricS.

For the first question, if I don't put down 8/31, how can USCIS know when the H4 will start? My concern is that on the approved H4, the validation date will be 5/26/2009 to the date the spouse's H1 expires. Or maybe USCIS is smart enough to put down the date when H4 is approved as the start date.

Does anybody have any examples from approved cases?

Thanks again,

Onion
 
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