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H4 COS I539 questions

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  • H4 COS I539 questions

    My wife is a J-2 dependent, and she is currently filing an H4 COS with the I539 form. The university has promised us to put her application in the same envelope with my H1B application, but she is responsible for the form. I have several question about her I-539 form.

    1. In Part 3 Processing Information 1(b), "Check this box if you were granted, or are seeking, Duration of Status (D/S)". Because J-2 was indeed granted D/S, but this part seems to refer to whether D/S was granted to her for the change of status to the status she is requesting, or extension of that status (in her case H4). This seems to be a bit misleading, and the USCIS instructions provide no further guidance. Should we check this box or not?

    2. In Part 3 Processing Information 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". What should we choose? The choices are 1. Yes, filed with this I-539; 2. No; 3. Yes, filled previously and pending with USCIS. I'm sure 3 is not right, but what confuses us is that since my petition and her application are put in the same envelope, does that count as separate petitions or applications? Should we choose 1. Yes, filed with this I-539 or 2. No?

    3. Part 4 asked us to provide the dates of my wife maintaining status as a J-2 dependent. Are these dates the actual dates that she resides in the U.S. or the dates in her DS2019 form? She has two DS2019 forms (the second one being the extension), both stating the start date is 9/1/2014, but the actual dates that she comes to the U.S. on J2 status is on 10/1/2016. So what are the dates that she maintained status as a J-2 dependent, "9/1/2014 to present" or "10/1/2016" to present?

    Thanks for the help.
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