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H4 Extension filing while waiting for change of status (i539) approval

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  • rkk09
    replied
    Hi,
    1. Can I file H4 extension while initial change of status is still pending? Or wait for pending i539 adjudication ?
    Answer: Yes. You must have filed H4 Ext petition too along with pending H4 petition receipt.
    2. Should I just upload latest H1 extension receipt and/or approval notice in uscis website as a supporting document to my pending i539 application?
    Answer: If you already filed initial change of status petition then you can not add any other documents in the middle of processing petition. You can add anything upon request by USCIS at the time of RFE/NOID.
    3. When is it appropriate time to file H4 EAD in my case.
    Answer: You should have filed H4 and H4 EAD together or once you get H4 Approval then file H4 EAD.
    Thanks

    Leave a comment:


  • H4 Extension filing while waiting for change of status (i539) approval

    Hi ,
    ​​​​​​Can someone please help with below questions.

    Background: I was on H1B visa and furloughed back in May 2020. I had applied i539 (H1 to H4) online with my husband's H1B as primary. My i539 is still pending for approval. Also, I haven't received biometrics appointment yet. My Husband's H1 visa is valid till 31st December 2020.

    My Husband's employer recently filed H1 extension in premium, hopefully we will have H1 extension in another week . My husband's employer did not file h4 Extension. Now here are my questions:
    1. Can I file H4 extension while initial change of status is still pending? Or wait for pending i539 adjudication ?
    2. Should I just upload latest H1 extension receipt and/or approval notice in uscis website as a supporting document to my pending i539 application?
    3. When is it appropriate time to file H4 EAD in my case.

    Appreciate your inputs that may help me plan next steps.

    Regards,
    VJ

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