Need suggestions on filing multiple I539 for Dependent Child

[sai8]

Hi,

My wife is working for a X company in US for the past 4 years. Her employer filed her H1B extension on Apr 2nd 2018 just a month before her I94 expiry i.e on May 15 2018. My daughter (fourth grader) extension also filed along with her petition. Recently, her case moved from California to Nebraska and she got an RFE. She is going to complete 240 days by Jan 1st week of 2019. Her manager is now asking her to relocate to Canada until her case decision comes. As per their company policy, they dont want to keep an employee idle or keep beyond 240 days in USA. I have my own H1B extension approved until 2021. We dont want to disturb my daughter schooling rather thinking of filing I539 my daughter on my petition. I dont want to travel outside USA for now. Looking for some inputs from anyone of you go thru this situation. Please advise. 

1. Can I file I539 for my daughter on my petition even though her I539 case is still pending on my wife?

2. My daughter I94 expired and her I539 petition is pending with my wife. If my wife goes to Canada, can my daughter can stay along with me on I539 if we file it on my petition? Do we have any complications in future during green card process?

3. Since my wife employer is insisting her to relocate to Canada until her case final decision. She is thinking of going to Canada and get H4 stamping on my petition. Come to USA on H4 on one weekend and then want to apply H4 EAD and then go to Canada to keep as secondary option in case her extension denied.  Is it possible to apply that quickly H4 EAD? Is there any limit on number of days that a person need to stay in US to apply EAD?

4. What would be best option in this scenario if any?

Thank you in advance for your time and reading this post.. 

 

[shekar11#]

On 11/25/2018 at 12:23 AM, sai8 said:

Hi,

My wife is working for a X company in US for the past 4 years. Her employer filed her H1B extension on Apr 2nd 2018 just a month before her I94 expiry i.e on May 15 2018. My daughter (fourth grader) extension also filed along with her petition. Recently, her case moved from California to Nebraska and she got an RFE. She is going to complete 240 days by Jan 1st week of 2019. Her manager is now asking her to relocate to Canada until her case decision comes. As per their company policy, they dont want to keep an employee idle or keep beyond 240 days in USA. I have my own H1B extension approved until 2021. We dont want to disturb my daughter schooling rather thinking of filing I539 my daughter on my petition. I dont want to travel outside USA for now. Looking for some inputs from anyone of you go thru this situation. Please advise. 

1. Can I file I539 for my daughter on my petition even though her I539 case is still pending on my wife?

2. My daughter I94 expired and her I539 petition is pending with my wife. If my wife goes to Canada, can my daughter can stay along with me on I539 if we file it on my petition? Do we have any complications in future during green card process?

3. Since my wife employer is insisting her to relocate to Canada until her case final decision. She is thinking of going to Canada and get H4 stamping on my petition. Come to USA on H4 on one weekend and then want to apply H4 EAD and then go to Canada to keep as secondary option in case her extension denied.  Is it possible to apply that quickly H4 EAD? Is there any limit on number of days that a person need to stay in US to apply EAD?

4. What would be best option in this scenario if any?

Thank you in advance for your time and reading this post.. 

 

I don't think you can file new I-539 as her I-94 is already expired. You will need to wait for initial I-539 decision.

3. Since my wife employer is insisting her to relocate to Canada until her case final decision. She is thinking of going to Canada and get H4 stamping on my petition. Come to USA on H4 on one weekend and then want to apply H4 EAD and then go to Canada to keep as secondary option in case her extension denied.  Is it possible to apply that quickly H4 EAD? Is there any limit on number of days that a person need to stay in US to apply EAD?

She can go to Canada and get her H-4. She cannot just apply for H-4 EAD and leave the country again. They might deny her case since she is not present in the country when the H-4 EAD decision is being made.

4. What would be best option in this scenario if any?

Best option is for your daughter to go to Canada along with your wife and apply for H-4 visa stamp and return. Will need a week's break from school.