Form I-539 H4 Extn - Urgent

[cpuri4]

Quest 1)
After e-filing H4 extension via I-539, can we upgrade the application to Premium at a later date ?

Quest 2)
My wife is on H4 which expires on 30-Sept-2011.
My H1b extn (6th yr) was filed in Early June 2011 (on the basis of approved I-140) but the case is still in the initial review status.

While filling information on I-539, there is a section 3 for which I am confused what to fill in :
Section 3 (1) : I/We request that my/our requested status be extended till : ???
My Guess Answer :
Should I put in an anticipated date ? (roughly 3 yrs i.e. 30-Sep-2014 because I am expecting a 3 yr extn on my H1b extension application currently in pending status)

Section 3(2) : Is this application based on an extension or change of status already granted to your spouse, child or parent?
No/Yes

Section 3(3) : Is this application based on a separate petition or application to give your spouse,
child or parent an extension or change of status?
No / Yes, filed with this I-539 /Yes, filed previously and pending
My Guess Answer : Yes, filed previously and pending

Early response will be much appreciated

[kabkaba]

Quest 1)
After e-filing H4 extension via I-539, can we upgrade the application to Premium at a later date ?
Premium is not available for I-539
Quest 2)
My wife is on H4 which expires on 30-Sept-2011.
My H1b extn (6th yr) was filed in Early June 2011 (on the basis of approved I-140) but the case is still in the initial review status.

While filling information on I-539, there is a section 3 for which I am confused what to fill in :
Section 3 (1) : I/We request that my/our requested status be extended till : ???
Requested end date in the I-129 filed by your employer, 3 years is fine

My Guess Answer :
Should I put in an anticipated date ? (roughly 3 yrs i.e. 30-Sep-2014 because I am expecting a 3 yr extn on my H1b extension application currently in pending status)

Section 3(2) : Is this application based on an extension or change of status already granted to your spouse, child or parent?
No/Yes

No

Section 3(3) : Is this application based on a separate petition or application to give your spouse,
child or parent an extension or change of status?
No / Yes, filed with this I-539 /Yes, filed previously and pending
My Guess Answer : Yes, filed previously and pending
That is correct.

Early response will be much appreciated

See above.

[cpuri4]

See above.

Thanks for the quick response.
Can we upgrade to premium If we file I-539 manually and not do e-file OR we just can not upgrade the I-539 application (irrespective of how you file manual/e-file)

[kabkaba]

Just cannot upgrade. Premium processing is not available. Check out the USCIS website.
However as long as petition is received by USCIS before I-94 expiry she is allowed to stay in the US. If I-94 is 9/30/2011, the only way to make sure of that now is e-filing.

[cpuri4]

Just cannot upgrade. Premium processing is not available. Check out the USCIS website.
However as long as petition is received by USCIS before I-94 expiry she is allowed to stay in the US. If I-94 is 9/30/2011, the only way to make sure of that now is e-filing.

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We had a situation earlier when my wife did a COS from H1 to H4 in April 2011.
She quit working after we filed for her COS (in Apr 2011) thinking that once we file COS then she can not work and her COS would be effective from April 2011 onwards.

Her COS (from H1 to H4) was approved in July 2011.

Just curious what was her status from April 2011 - July 2011 (before the COS got approved).
Looks like H1b was still in effect until COS was approved but if she quit working then did she go out of status from April - July ?

[shervin143]

It is okay to stop working after filing form I-539 with USCIS. Her status from filing the form I-539 until the decision is made on her application is termed as "Period of authorized stay by the Attorney General".

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We had a situation earlier when my wife did a COS from H1 to H4 in April 2011.
She quit working after we filed for her COS (in Apr 2011) thinking that once we file COS then she can not work and her COS would be effective from April 2011 onwards.

Her COS (from H1 to H4) was approved in July 2011.

Just curious what was her status from April 2011 - July 2011 (before the COS got approved).
Looks like H1b was still in effect until COS was approved but if she quit working then did she go out of status from April - July ?