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  • i-539 help

    I did L2 to H1 COS and have approved H1B (valid till sept, 2016). i changed my job location recently, As per new rule i applied for H1B amendment and waiting for it's approval. i'm applying L1 to H4 COS for my wife. There is a question/ section in i-539.
    3a. is this application based on a separate petition or application to give your spouse, child or parent an extension or change of status.
    a) yes, filled with this application.... b) No ....c) yes, filed previously and pending with uscis........
    i'm not sure whether new H1 amendment is same as Extension of stay or COS which option i should select (b or c). Please help. Thanks in advance.

  • #2
    If the employer just filed the amendment, then it is not considered to be an extension. But Extension and Amendment can be filed together. So check with your employer if it is just the amendment that was filed. The below answer is based on the assumption that your employer only filed an amendment.

    Answer NO to 3.a. Do not enter anything in 3.b. You have to say YES to question 2.a and fill in your petition receipt number in 2.b.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      If the employer just filed the amendment, then it is not considered to be an extension. But Extension and Amendment can be filed together. So check with your employer if it is just the amendment that was filed. The below answer is based on the assumption that your employer only filed an amendment.

      Answer NO to 3.a. Do not enter anything in 3.b. You have to say YES to question 2.a and fill in your petition receipt number in 2.b.


      Thanks Much. My employer filed only H1 amendment. so answer is "NO".

      Do i need to attach the copy of my H1 amendment receipt with i-539 application or i can omit it?

      Comment


      • #4
        Not required. But there is no harm in attaching it.

        Originally posted by raga123 View Post
        Thanks Much. My employer filed only H1 amendment. so answer is "NO".

        Do i need to attach the copy of my H1 amendment receipt with i-539 application or i can omit it?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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