F2 to H4 Change of Status while H1B approved

USA H4 Visa
1

Hi,
My H1B application has been approved starting from October 1st, 2019. Now I am filing H4 for wife. What would be the answer of the following question in form i539 in my situation?

Part 3. Processing information
2.a. Is this application based on an extension or change of status already granted to your spouse ?
Options:

  1. Yes
  2. NO

3.a. Is this application based on a separate petition or application to give your spouse and extension?
Options:

  1. Yes, filed with this form I-539
  2. Yes, filed previously and pending with USCIS
  3. No
2

Hi @rabiulibs

Is this your first time H1B selected as part of lottery? If yes, then start date should be Oct 1 and not Sep 1 as per my information.

What is your wife’s current status?

1 Like
3

Hi Anil,

Yes, this is the first time I am going to work under H1B. And you are right, it’s going to start from October 1st, 2019, I have miswritten it.
My wife is under f2 visa and currently staying in the USA. I am filing H4 by for her and confused about these two questions. It will greatly help me if you know the answers of these questions in my current situation.

Thanks in advanced Anil!

Rabiul

4

Ok.

Then answer for 2.a. should be ‘YES’ and 3.a. should be ‘No’.

5

Hello Anil,

Thank you so much for your reply. I really appreciate your efforts to help people here. I was confused when somebody suggested me to leave 3.a question “blank”. However, your suggested answer “NO” makes more sense to me. Thanks again.
Have a nice day!

1 Like
6

Hi Rabiul or Anil,

How long did it take to change the status from F2 to H4. If H1 is started from Oct 1st and H4 change of status is not approved yet can my wife stay in USA? Will this effect her stay?

Regards,
Suman