I539 or i539A form: which form to fill for h1 to h4 COS and h4 change of primary h1 holder?

USA H4 Visa
1

Hi,

Me and my wife both have H1 visa with me having my approved i-140. My wife’s H1 extension has got an RFE with her 240 days expiring in August. My kid is dependent on her H1.

I am planning to have the H4 application ready for both of them and god forbid, if there is a denial, I will apply the H4 and EAD for my wife and kid on the day of denial to avoid any out of status days. This I have checked with an Attorney.

Can someone please let me know if I need to fill i539 or i539A for my wife(H1 to H4 COS) and kid(H4 to H4 Change of primary h1 holder)?

Regards
Sandeep

2

It is usually filled up by the person who is the applicant, in your case your spouse. She would use all the documentation related to you as supporting thing for the application.

3

Thanks Kumar. But wanted to know if my wife has to fill i539 for COS from H1 to H4? And if my son needs to fill i539 or i539A for changing the primary h1 holder from my wife to me?

4

Usually, they are filled with I-539 for H4 spouse and I-539A for the H4 child as there are more than one dependents.