Form i539 H4 extension with H1B and H4 EAD concurrently

USA H4 Visa
1

Hello Anil,

I am applying concurrently all 3.
In the I-539 document for H4 extension, can you let me know what you have for the following:

Part 2: Application Type
4. I am the only applicant

Part 3: Processing Information
1.a. Should I put 3 years from the expiration date of current H4 status?
2.a. No?
3.a. Yes, filed with this I-539?

Part 4: Additional Information
3: No?
4. No?
5. No?

Thanks much

2

Yes, all your answers are correct.

For Part 2,

Part 2: Application Type
4. I am the only applicant

Anil - This is the answer if you are filing i-539 only for your spouse. Basically, if you have kids (on H4), you can use the same form to add them in the dependent list too.
So, by selecting 4. I am the only applicant, you are saying that you are filing this application only for 1 dependent at this time.

Part 3: Processing Information
1.a. Should I put 3 years from the expiration date of current H4 status?
Anil - Yes, you should add 3 years and then write the date.
2.a. No?
Anil - Your answer is correct.
3.a. Yes, filed with this I-539?
Anil - Your answer is correct.

Part 4: Additional Information
3: No?
Anil - Your answer is correct.
4. No?
Anil - Your answer is correct.
5. No?
Anil - Your answer is correct.

Let me know if you need more information.

3

Hi Anil,

I have a couple of questions:

My company is filing H-1B for me through a law firm. They are not going to sponsor for dependents. The (law firm) are not going to help with my dependents H4 and H4 EAD application unless I pay them. I asked if I can fill the forms myself and if they can include the Dependent forms in my packet so they are filed concurrently. (I am going for premium filing for my H-1B).
Do I have write separate cover letters for the dependent(s) for I-539 and I-765? or can I have the lawyer just add the H4 and EAD forms to the end of my H-1B petition? Can I include separate G1145 for e-notification for dependent I-539 and I-765?

I am thinking of doing this for the H4 and EAD petition that goes in the same packet. Arrange the docs in the below order:

2 photos (with name and I-94 written on the back with a pencil)
2 checks (one for I-539 and one for I-765)
g-1145 for I-539
Completed I-539
g-1145 for I-765
Completed I-765
Supporting documents (Dependent passport copy, Marriage certificate, H4 I-797 previous approval, Spouse I-140 approval, Copy of previous EAD)

Is this looking correct? Your response is greatly appreciated. Thanks!

4

Hi @Santhosh

Your list looks good to me.

Yes, you can attach separate G1145 forms to get notifications.

Let me know if you need more information.

5

Thank you very much Anil for the instant response. You have been of great help.

Do I have to write a cover letter for H4 and EAD? or since it is going in the same H-1B packet I just have to add the forms along with the H-1B petition?

6

There is no need to write cover letter as such.

But, you can add it just for your satisfaction. Your choice.

7

Thanks much. Last question:

In form I-765, Item 22 for C(26) eligibility category, should I write my current I-797 number (most recent) or should I leave it blank?

8

Leave it blank since you are filing it concurrently with your H1B extension.
Or better Write “CONCURRENT”.

9

Thank you!!! :slight_smile:

1 Like
10

You are welcome. All the best.

11

Hi @Santhosh,

Did you get the EAD and H1B processed together? Did you fill it as CONCURRENT or left it blank? My case is same, attorney’s are not helping with EAD though they are doing I-539. Also, my wife’s previous H4 is valid till 09/19, if I attach it with EAD application, won’t it impact the dates?

12

Hi Kaki,

Yes, I got them processed together. I left the section blank. If you file them within 6 months of expiry, your H4 extension shouldnt have an issue.

1 Like
13

A post was split to a new topic: Do we need to attach copy of B1/B2 visa page for H4 extension?

14

Anil - i have got H1B approval till 2023. I am planning to file both H4 & H4 EAD together for my spouse now.
Q1 : can i apply both in single package with cover letter for each ?
Q2 : if so, how USCIS know the H4 receipt number for associated H4 EAD ?
Q3: if not, should i apply H4 separately and wait for H4 receipt number. Then apply H4 EAD with H4 extension receipt notice
Q4 : current H4 EAD expires in 7 months from now. can i still apply or should i need to wait for one more month for 180 days SLA