H4 i-539 - Are you an applicant for an immigrant visa?

USA H4-EAD
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1

Hi can someone help me with a few queries on filing the i-539 form please.

My spouse is on an H1B and has an approved i-140, I am applying for an H4 and EAD extension currently. What should I answer to the below mentioned questions from the form i-539?

Part 4. Additional Information About the Applicant (continued)
3. Are you, or any other person included on the application, an applicant for an immigrant visa?
Yes or No

4. Has an immigrant petition EVER been filed for you or for any other person included in this application?
Yes or No

Please help me with the answers to the above mentioned questions.

2

The Immigrat petition has only been filed for primary H1B if i140 has been filed.

So, for H4 and H4 EAD, you should answer ‘No’ for immigration petition ever filed question.

You can use the sample H4 extension i539 form and sample H4 EAD i765 form here.

3

Hi Anil, thanks a lot for your reply.

So your saying that the answer should be NO for both Question 3 and 4?

Also can you please reply to my other question mentioned on a different topic thread PLEASE

4

Have you checked the sample i539 that i shared? It has all the details.

Also, I have clearly answered that H4 does not have any immigration petition filed. So, the answer has to be ‘No’ whenever you are filing any application for H4 applicant.

5

Yes I went through that after I replied to you, thanks for the help Anil!

1 Like
6

need help with a few queries on filing the i-539 form please.

I am currently on h4 visa. I initially had h1b and because of that I have an approved i-140. I am applying for an H4 extension. What should I answer to the below mentioned questions from the form i-539?

Part 4. Additional Information About the Applicant (continued)
3 . Are you, or any other person included on the application, an applicant for an immigrant visa?
Yes or No

4 . Has an immigrant petition EVER been filed for you or for any other person included in this application?
Yes or No

Please help me with the answers to the above mentioned questions.

7

Hi @john

You should answer ‘yes’ as your i140 has been filed.

8

hi @Anil_Gupta nil- On the same question: I am on h4 EAD and my husband has filed i-485 for both of us so the answer should be YES? in that case.

Please clarify - thank you! for your time.

For these 2 questions:
3 . Are you, or any other person included on the application, an applicant for an immigrant visa?
Yes or No

4 . Has an immigrant petition EVER been filed for you or for any other person included in this application?
Yes or No

9

Hello @Megala -
Did you find out what the answers for those 2 questions are ?

@Anil_Gupta - I am in the same boat where my husband filed I-485 for both of us and our dates are not current so I need to file my H4 and H4EAD extension.
Can you please let me know what should be the answer for these questions when I485 has been filed ?
3 . Are you, or any other person included on the application, an applicant for an immigrant visa?
Yes or No

4 . Has an immigrant petition EVER been filed for you or for any other person included in this application?
Yes or No

Also Do I need to provide any other information in the additional information section for it ?
Thank you

10

Hi Anil, I am in my 6th year of H1 and have I140 approved from my current employer. My current H1 & I-94 is expiring by end of this month and my employer has filed H1 extension in normal process. So I am planning to have a parallel H4(COS) application in process to avoid situation of leaving the country in case my H1 extension gets denied after the I-94 expiry. I had previously worked on H4 EAD also. So in I-539 what do I need to write for below question:

Alien Registration Number (A-Number) (if any): (Should it be the one I had from my H4-EAD or the one I got from I-140)?

Also since I have I-140 from my current employer what should be answer for below question:

Part 4. Additional Information About the Applicant (continued)
3. Are you, or any other person included on the application, an applicant for an immigrant visa?
Yes or No