Filing form i539 for H4 extension myself

Hi Anil,

I Really appreciate your help and your dedication to help so many confused ppl (like me) and assist them … Hats-off dude !!!

I’m trying to file H4EAD now for my wife as her employer said they won’t file h1b in last minute, Her current h1 is expiring on sep 30th 2018
After reading thru INTERNET and all other online info … Look like i can apply both COS & H4 EAD in the same application package correct ?

For COS i need to Fill I-539 form ( change of status from H1 to H4)
For H$EAD i need to Fill I-765 form

I have few question while trying to fill the I-539 and hopeful you can help/ clarify these for me .

FORM I-539 :

part 3 Processing information

2a . is this application based on an extension or change of status already granted to your spouse ?

I should answer YES and give my H1B (I-797) receipt number in 2b correct ??
3a Is this application based on a separate petition or application to give your spouse and extension
I should answer NO correct ?

You have to write this information about your spouse’s employment here in this section.

Part 4 Additional information

Q-19 be answered YES if wife is already on H1B and working?

And provide the below details regarding my wife’s employer correct ??

Type of Work–> Software Engineer
wife Name
Employer Name
Employer Address
Bi Weekly gross pay
Employment Authorization by USCIS with H1B - Provide receipt number from I-797 correct ??

FORM I-765

21 e : Passport expiration date --> Her passport is going to expire on sep 21 2018 also, we have already filled for renewal so should we mention on the form saying "renewal applied " ??

Form i539 - Part 3

2a - Yes, you should answer Yes, if your spouse’s H1B (i797) is already approved.

2b - Your H1B approved receipt number.

3a - Select ‘No’

Form i539 - Part 4

Q-19 - Answer ‘Yes’
Provide information as already mentioned by you.
Yes, provide your spouse H1B receipt number too.

Form I-765

I strongly suggest to wait for passport renewal before sending this form to USCIS.

If you send with current passport that is going to expire soon, your chances of RFE are very high as USCIS would need a new passport with a longer validity.
That would again delay your case.

Thanks Anil…

Wife’s current h1 is going to expire on sep 30 , so if I wait for the passport now it might delay even more right .

Her i94 on h1 is also going to expire on sep 30 .

I’m really confused what to do :frowning: Can she stay in us after getting the receipt .???

Thinking to send the i539 + i765 together for h4 + h4ead …

Please help me and suggest if any better options are available…

Hi @Rakesh,

Filing Change of Status to H4 does not change status immediately

Filing Change of Status before Sep 30 i.e. before i94 expiry is REQUIRED.

But, remember that status does not change just by filing COS application. It has to be approved by USCIS before you can assume to have moved to H4 status.

With today’s H4 COS application processing time, it is taking anywhere between 4 to 15 months depending on which center your application goes to.
H4 EAD won’t be approved until H4 COS is approved.

Till the time COS is approved, she needs to have some status in US to stay beyond i94 expiry.

Out of Status

Remember, she will be ‘out of status’ after her i94 expires and until USCIS approves her H4 COS.

Read this complete guide and scenarios with Change of Status:

H4 COS and H4 EAD fast solution with H1B expiring

The best solution in your case would be to send your wife to home country (i guess it is India) and get her H4 stamped from US embassy. This is the fastest way today.

Then, she can enter US with H4 and apply for H4 EAD.
That would the fastest way to bring things in place as you will completely avoid filing H4 COS and the un-necessary long wait.

Let me know if you need more information.

Hi Anil thanks a lot for the info ,

Yaa somehow things got really bad to this stage , we had a baby and just lost track of time :frowning:

So when I spoke to her employer…they said after checking with lawyers to go for H4 ead rather than h1b and once we get the receipt number she (wife) can stay in us .

But after reading thru the article which you provided i5 seems like she will be out of status .???

Because it was tough to travel with baby we decided to go for COS.

Also now when we apply for H4cos +h4ead and once we receive the receipt…will her previous visa status (h1b) will be effective till uscis approves h4 ?

I was to much occupied with work and passport renewal process … had to go in ckgs and sit whole day to change my application to tatkal … finally received passport yesterday only!

Really appreciate your help SIR !!!

H4 COS approved after i94 expiry

Your spouse will be ‘out of status’ until H4 is approved after i94 expiry. She can stay in USA though.

Once H4 COS is approved, the approval will relate back to the old i94’s expiry, if you had filed COS before i94 expiry.

If H4 COS is denied, all the time she spent in US after i94 expiry will be counted as ‘Unlawful presence’.

H1B status when H4 COS pending, H1B expired

Her visa status cannot be H1B if she does not have any H1B approval beyond Sep 30.

Apply for H4 COS + H4 EAD immediately if you are not planning to make her travel.

Thanks a lot Anil …at this point we just hoping for best!

I was planning to send the application today itself .

Since I was planing to send both the 1539 +i765 at the same time and as per the other h4 ead article I need to end it Dallas center (EAC) .

I don’t know which center will it go from there.

Also I don’t have to pay for biometric fee (85) correct ?
Just 370 for i539 and 410 for i765 … right .

Again can’t say how thanksful I’m with all your assistance …really appreciate your help !!!

Yes, fees is correct. No biometrics needed.

Choose the address based on your H1b receipt number.

Thanks Anil … okay yes as per the i765 rules … i needed to send to dallas lockbox.