I-539 questions..

[h1transfer09]

Hi all..


I am planning to apply I-539 (extension of stay) to my wife (H4)
I have my I-797 till 09/30/2013.But her I-94 is going to expire soon.

Please help me with the following questions that i have.

1) Is it better to apply I-539 as ""E-file"" or ""paper -filing"?

2)If it is a E-file, how can i send the documents to them?

3) How long does it take for the approval of I-539?

4) Do i need to send the document to the same center(VERMONT center)
where my I-797 was processed?

Thanks in advance.

[shervin143]

1) Is it better to apply I-539 as ""E-file"" or ""paper -filing"?
>>> It doesn't matter. Even if you eFile, you still need to send the documents by post. eFiling will be helpful only when you are trying to file the extension and you don't have enough time to send the documents to USCIS before the current I-94 expiry date. In such case, you eFile before the current I-94 expiry date and then send the documents, otherwise the extension will be denied. If you have enough time before the I-94 expiry date, then send all the documents by post.

2)If it is a E-file, how can i send the documents to them?
>>> Post, courier.

3) How long does it take for the approval of I-539?
>>> 2-3 months.

4) Do i need to send the document to the same center(VERMONT center)
where my I-797 was processed?
>>> Yes.

[h1transfer09]

Thanks for the reply shervin...

Sherin..I have one more question..

I am a consultant ,when i transferred my H1 to my existing company. I was on CLIENT A (jan 2011).
As a consultant i need to move from client to client. Presently i am in CLIENT B.

question 1:
This would not be a problem for my wife I-539 exxtension right.

when i move from client to client, my company files ""NEW LCA""

question 2:

Some people say, even if we move from client to client, we need apply ""NEW H1"" (or amendment to H1). Is it true?
If yes, what is that process? and which form do we need to apply?

[shervin143]

I am a consultant ,when i transferred my H1 to my existing company. I was on CLIENT A (jan 2011).
As a consultant i need to move from client to client. Presently i am in CLIENT B.

question 1:
This would not be a problem for my wife I-539 exxtension right.
>>> No issues. As long as you have a valid H1B approval and you are maintaining your H1B status and if your wife hasn't violated the H4 regulations, the H4 extension should go through fine.

when i move from client to client, my company files ""NEW LCA""
>>> That is good. But they also should file H1B amendment.

question 2:

Some people say, even if we move from client to client, we need apply ""NEW H1"" (or amendment to H1). Is it true?
>>> That is true. USCIS has made it very strick these days.
https://www.immihelp.com/h1b-petition-amendment/

If yes, what is that process? and which form do we need to apply?
>>> Form I-129. It is the same as filing the H1B petition. With amendment, everything else will remain the same as per the previous approval. But the thing that you request (the work location in your case) will change.