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Questions on I-539, F1 COS to H4

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  • Questions on I-539, F1 COS to H4

    Dear Immihelp,

    I'm in H-1B (PERM approved, I-140 approved yesterday) and my wife is in F1. She is preparing form I-539 to change to H4 and got a couple of questions on how to fill the form:

    Q1. Part 3. 1.b. Check this box if you were granted, or are seeking, Duration of Status (D/S).

    According to the question itself, seems like she should check this box because she indeed was granted D/S because of her F-1.

    But according to I-539 Instruction (https://www.uscis.gov/sites/default/...i-539instr.pdf) page 12, item 7: If you were granted D/S as an F or J nonimmigrant and are seeking reinstatement or are requesting a change of status to an F or J nonimmigrant then you should check the box in Part 3., Item Number 1.b. of the form to indicate a duration of D/S.
    Seems like she should not check this box because she is neither seeking reinstatement nor requesting COS.

    Should she check the box or not?

    Q2. Part 3. 2.a. Is this application based on an extension or change of status already granted to your spouse, child, or parent?

    Should she answer 'Yes'? Since she is based on my H-1B which was changed from my F1 initially.

    Q3. Part 3. 3.a. Is this application based on a separate petition or application to give your spouse, child or parent an extension or change of status?

    Should she answer 'No'?

    Q4. Part 4. 3. Are you, or any other person included on this application, an applicant for an immigrant visa?
    Part 4. 4. Has an immigrant petition EVER been filed for you or for any other person included in this application?

    Should she answer 'No' to 3 and 'Yes' to 4? Since I have filed I-140 which is a immigrant petition but not a immigrant visa.


    Thanks in advance.

  • #2
    Any possible suggestion? The most uncertain one to me is Q4, I'll appreciate it very much if someone can help me with this question.

    Comment


    • #3
      I am in the same position now,

      my 140 is approved & my wife is on F1. planning to apply F1 OPT-->H4 EAD & I have same questions. Did you got your answers or does any has answers to these questions?

      Comment


      • #4
        I have the same questions. Please advise how you went about the same ?

        Originally posted by nimeshmodi View Post
        I am in the same position now,

        my 140 is approved & my wife is on F1. planning to apply F1 OPT-->H4 EAD & I have same questions. Did you got your answers or does any has answers to these questions?

        Comment

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