I-539 Petition to Change of Status F2 to H4 doubts while filling form

[GdnMaximus]

Hi All,

I am currently in F-1 visa. My H1B(I-129) got approved on May 26th, 2016 and I am waiting for the I-797 receipt notice from USCIS. In the meantime, I am filling I-539 for my wife to Change her status from F2 to H4. I had few questions while filling the I-539 application. Can someone please clarify my questions below?

1.) In Part 3 Question 2.a. - Is this application based on an extension or change of status already granted to your spouse, child, or parent? YES/NO

Since my I-129 got approved already, should I select YES? or Since the Change of Status did not kick in yet, should I select NO?

2.) In Part 3 Question 3.a. - Is this application based on a separate petition or application to give your spouse, child or parent an extension or change of status? Options are YES, FILED WITH THIS I-539/NO/YES, FILED PREVIOUSLY AND PENDING WITH USCIS.

The closest match for me is YES, FILED PREVIOUSLY AND PENDING WITH USCIS. The reason I say close match is that my previously filed I-129 is not pending but already approved. So is my above choice(filed previously) correct?/

3.) Part 3 Question 1.b Check this box if you were granted, or are seeking Duration of Status (D/S). YES/NO.

Should I choose YES or NO?

Please help.

Thanks,
VJ

[GdnMaximus]

Can someone please help answer my questions?

[raghvi]

Hi All,

I am currently in F-1 visa. My H1B(I-129) got approved on May 26th, 2016 and I am waiting for the I-797 receipt notice from USCIS. In the meantime, I am filling I-539 for my wife to Change her status from F2 to H4. I had few questions while filling the I-539 application. Can someone please clarify my questions below?

1.) In Part 3 Question 2.a. - Is this application based on an extension or change of status already granted to your spouse, child, or parent? YES/NO

Since my I-129 got approved already, should I select YES? or Since the Change of Status did not kick in yet, should I select NO?

2.) In Part 3 Question 3.a. - Is this application based on a separate petition or application to give your spouse, child or parent an extension or change of status? Options are YES, FILED WITH THIS I-539/NO/YES, FILED PREVIOUSLY AND PENDING WITH USCIS.

The closest match for me is YES, FILED PREVIOUSLY AND PENDING WITH USCIS. The reason I say close match is that my previously filed I-129 is not pending but already approved. So is my above choice(filed previously) correct?/

3.) Part 3 Question 1.b Check this box if you were granted, or are seeking Duration of Status (D/S). YES/NO.

Should I choose YES or NO?

Please help.

Thanks,
VJ

Is it fresh H1? Have you already got H1 approval notice I797?

[GdnMaximus]

Is it fresh H1? Have you already got H1 approval notice I797?

Hello raghvi,

This is my first H1b ever, so the answer to your question is Yes.

I did not get the hard copy of the H1 approval notice I797 yet. However, my current status on the USCIS website is "On May 26, 2016, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number ZZZ. We will mail your approval notice.". I believe I should be receiving the notice shortly since its been a week since the status changed.

Thanks,
VJ

[GdnMaximus]

Is it fresh H1? Have you already got H1 approval notice I797?

Dear Raghvi,

I have replied to your questions. Whenever you find time, can you please give me your thoughts regarding my questions? It would be greatly helpful for me.

Awaiting your reply,
VJ

[GdnMaximus]

Still waiting on this. Can anyone please help?

[raghvi]

Hi All,

I am currently in F-1 visa. My H1B(I-129) got approved on May 26th, 2016 and I am waiting for the I-797 receipt notice from USCIS. In the meantime, I am filling I-539 for my wife to Change her status from F2 to H4. I had few questions while filling the I-539 application. Can someone please clarify my questions below?

1.) In Part 3 Question 2.a. - Is this application based on an extension or change of status already granted to your spouse, child, or parent? YES/NO

Since my I-129 got approved already, should I select YES? or Since the Change of Status did not kick in yet, should I select NO?

2.) In Part 3 Question 3.a. - Is this application based on a separate petition or application to give your spouse, child or parent an extension or change of status? Options are YES, FILED WITH THIS I-539/NO/YES, FILED PREVIOUSLY AND PENDING WITH USCIS.

The closest match for me is YES, FILED PREVIOUSLY AND PENDING WITH USCIS. The reason I say close match is that my previously filed I-129 is not pending but already approved. So is my above choice(filed previously) correct?/

3.) Part 3 Question 1.b Check this box if you were granted, or are seeking Duration of Status (D/S). YES/NO.

Should I choose YES or NO?

Please help.

Thanks,
VJ

1. YES.
2. YES.
3. NO.

This is my opinion not legal advice.

[GdnMaximus]

1. YES.
2. YES.
3. NO.

This is my opinion not legal advice.

Right about time!!! I mailed my package through USPS and then saw your reply after an hour. Had to go back and get my package from the sorting facility to correct my answers. Phew!

Thanks anyway

VJ

[satish100in]

F2 to H4 Change of Status

Dear VJ,

I'm in a similar situation as yours. Did your wife's H4 got approved?

Best,

Satish