I-94 Extension based on Petition Date

[softshaik]

Hello -

My dependents went o India last summer (2012) and came back to US , At the time of Port of Entry in Chicago ,thye stamped their I-94 validity date based on their H4 stamping expiry date (sep 2013) not their H4 petition expiry date (July 2014), Now I need to extend the I-94 expiry date to match with their H4 peition date, What are the options and how to apply for the same?

Thanks.

[kabkaba]

Yes, they need to file I-539 to extend their status. Alternatively, they can travel outside the US and return again, this time making sure they show the latest petition and get I-94's accordingly.

[softshaik]

I-539 Questions

Yes, they need to file I-539 to extend their status. Alternatively, they can travel outside the US and return again, this time making sure they show the latest petition and get I-94's accordingly.

I went to local CBP office ,CBP officer extended my dependents I94 to therid Petition expiry date or Passport expiry date (passport they used to enter the country at POE) which comes first.

In this manner, I got my spouse date eual to petition expiry date, but my kids passport expires this December 2013, so they got their I94 extended up to December 2013, Though I had their new passport good up to 2018, CBP said they had to use the passports used at POE not the new one ( I just applied the new passport and got it from Chicago consulate).

Anyways I need to file I539 for my Kids to extend their status to July 2014 (Our petition expirey date), I have couple of questions on I-539 form, Can anyone help me on this?

In Part 3 .Question 2
Is this application based on an extension or change of status already granted to your spouse,Child or Parent?
Options - No , Yes USCIS Receipt #.

What should I fill for the above question?

In Part 3 Question 3

Is this application based on an separate petition or application to give your spouse,Child or Parent an extension or change of status?
Options - No, Yes - filled with this I-539, Yes - Filed Previousely and pending with USCIS, Receipt #

What would be my answer for the above question?

So My I-539 application should have only my two kids info as they only need the extensions correct?

Thanks..

[kabkaba]

I went to local CBP office ,CBP officer extended my dependents I94 to therid Petition expiry date or Passport expiry date (passport they used to enter the country at POE) which comes first.

In this manner, I got my spouse date eual to petition expiry date, but my kids passport expires this December 2013, so they got their I94 extended up to December 2013, Though I had their new passport good up to 2018, CBP said they had to use the passports used at POE not the new one ( I just applied the new passport and got it from Chicago consulate).

Anyways I need to file I539 for my Kids to extend their status to July 2014 (Our petition expirey date), I have couple of questions on I-539 form, Can anyone help me on this?

In Part 3 .Question 2
Is this application based on an extension or change of status already granted to your spouse,Child or Parent?
Options - No , Yes USCIS Receipt #.

-- Yes, H1 petition receipt number

What should I fill for the above question?

In Part 3 Question 3

Is this application based on an separate petition or application to give your spouse,Child or Parent an extension or change of status?
Options - No, Yes - filled with this I-539, Yes - Filed Previousely and pending with USCIS, Receipt #

-- No

What would be my answer for the above question?

So My I-539 application should have only my two kids info as they only need the extensions correct? -- Assuming your spouse's I-94 matches the H1 petition, yes, only children.

Thanks..

See above.

[softshaik]

Hello -

I am applying I539 for my kids ( 6 years old and 4 years old), I have some doubts over Section 5 (Applicant Statement and Signature), Should I check " I can read and understand English" check box ?

I am sure Minors can't sign in section 5 and I should sign in Section 7 (Signature of person preparing form other than above), Can anyone confirm this?

Thanks