My company lawyer is filling for H1 extension and not taking care of h4 extension. I was going over the Uscis website and they have mentioned one of the proof to attach with I-539 extension. when i will be filling H1b extension and h4-extension (i-539 ) i will not have that documents. All documents are going together what should I attach if i dont have that proof. Should I consider they will look in H1b packet first and then look at I-539.
(1) Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the H temporary worker;
(2) A copy of the Form I-797 Receipt Notice related to the H temporary worker’s already pending Form I-129
(3) A copy of the front and back of the H temporary worker’s most recent Form I-94; or
(4) A copy of the Form I-797 Approval Notice showing the H temporary worker has already been granted status
for the period requested on your application.
You can fill in the I-539 and provide the same to your company attorney along with supporting documents & application fees and request them to include with the H1B packet that they will send to USCIS.
so i should ask my company attorney who are preparing I-129 to include copy of that with H4 extension (I-539 ) and H4-EAD. is it correct understanding ?
Yes, form I-539 & I-765 which you will be filling out, unless you want to pay your company attorney to prepare both applications.
Hi @Kalpesh_Dalwadi ,
Thank you for your response. I am filling I-539 and have one more question .
in Form I-539 there is a question which is confusing .
3 a. Is this application based on an extension or change of status already granted to your spouse, child, or parent?
Answer Options : Yes , filled with this form I-539
Yes, Filed previoisly and pending with USCIS
Can you confirm it should be Option 1 → Yes, Filled with this form I-539 as I am filling it with H1-B extension.
This seems correct option if you file with H1B EOS.
@Kalpesh_Dalwadi Hi , do you know how much time uscis is taking to generate receipt now days.
I submitted my application on 20th may regular processing but no receipt received.
Generally it takes 7 to 21 working days however I have seen people report more delays lately. Wait for another couple of weeks. If not received by then , call USCIS contact center and talk to an agent.
got it . thank you for your response