Do I need to use an attorney for H4 extension

[yamrxz]

I just received my H1B renewal approval notice (filed through my company's attorney). My wife's I-94 is valid for another 1.5 months and we now need to file for her H4 extension. Do we need to use an attorney to file the H4 extension or can we do it ourselves? If we do it ourselves, where can I find the detailed procedure? Lastly, is it worth the risk?

[txh1b]

You can do it yourself. There is a simple form and details can be found by looking on immigration forums and websites. Risk...Your call.

[yamrxz]

Thanks txh1b. I googled and found about form I-539. Can you point me to any useful thread/link that might have some clear instructions?

[shervin143]

Did you check this?
http://www.immihelp.com/forms/showform.do?form=i-539

Thanks txh1b. I googled and found about form I-539. Can you point me to any useful thread/link that might have some clear instructions?

[yamrxz]

Thanks shervin. I did and it seems to have the same instructions on the USCIS site, which now that I go through a second time, make bit more sense.

Here is a follow up question. I have decided on filing the H4 extension myself instead of going through an attorney. I checked the processing times for I-539 H4 renewals and they are currently at 2.5 months. My wife's I-94 is only valid for 1.5 more months. If we file now and get the receipt notice but don't get the the approval notice (with new I-94) within 1.5 months, will my wife be out of status once her I-94 expires?

[shervin143]

As long as you file the extension before the current I-94 runs out of date, you are all good. She can stay legally until a decision is made on her case. In case (for any given reason) if the extension is denied, then she will have to leave the country immediately.

Thanks shervin. I did and it seems to have the same instructions on the USCIS site, which now that I go through a second time, make bit more sense.

Here is a follow up question. I have decided on filing the H4 extension myself instead of going through an attorney. I checked the processing times for I-539 H4 renewals and they are currently at 2.5 months. My wife's I-94 is only valid for 1.5 more months. If we file now and get the receipt notice but don't get the the approval notice (with new I-94) within 1.5 months, will my wife be out of status once her I-94 expires?