I140 and Extension

[Abecedarian2012]

Here is my Case:

 

I am on H1B now and my H1B duration for first term(3 years) expiring in September.

 

Planning to extend my H1B, I do have remaining 3 more years in the overall 6 year term.

 

My I 140 got approved recently, also my wife name included in the I140 petition.

 

What do we need to answer to the below i-539 Extension Questions?

3) Are you, or any other person included on the application, an applicant for an immigrant visa?

4) Has an immigrant petition EVER been filed for you or for any other person included in this application?

 

We are planning to do concurrent filing of H4 extension and H4 EAD along with my H1 Extension. Please suggest.

[jairichi]

3. No.

4. Yes.

[livliv]

Answer it as yes.

[Abecedarian2012]

thanks Jairichi and livliv for the quick response. still in confusion as got responses as no,yes . about these questions (3,4).As I-140 is filed by my employer and I didn't file I-485 for me or for my spouse. Still do we need to answers yes ? if we answer yes, what kind of explanation do we need to provide ? Could you guys  please address with few more details on my case?

[Abecedarian2012]

3. No.

4. Yes.

thanks Jairichi , Could you please shed some more details here why I need to answer as 3.) No and 4.) yes.

[livliv]

3 is for I-485 or consular process. So technically, no.

4 is for I-140, I-130 etc. so yes.

 

H1B allows dual intent, so it makes no difference to you. If asked just answer truthfully.

[jairichi]

thanks Jairichi , Could you please shed some more details here why I need to answer as 3.) No and 4.) yes.

You never applied for a US immigrant visa at a US consulate. So, the answer for question 3 is NO.

As I-140 is approved it is considered as immigration petition.

No issue due to this as H1B allows immigration intent.

[Abecedarian2012]

thanks Guys. 

[Abecedarian2012]

Please clarify one more thing on the Question 4. 

4) Has an immigrant petition EVER been filed for you or for any other person included in this application?

actually this question is for my Spouse who is on H4-dependent Visa(entire stay in US-- till now) and her name is added to myemployment based I-140 ( as a dependent) which is approved recently. 

 

So to Summarize,in H4-Extension form (i-539) for my Spouse, the answer for Question 4.)  should be Yes and she has to provide my I140 receipt details as justification to the Question 4.

 

Is my understanding correct ? Please let me know.

[jairichi]

 

Please clarify one more thing on the Question 4. 

4) Has an immigrant petition EVER been filed for you or for any other person included in this application?

actually this question is for my Spouse who is on H4-dependent Visa(entire stay in US-- till now) and her name is added to myemployment based I-140 ( as a dependent) which is approved recently. 

 

So to Summarize,in H4-Extension form (i-539) for my Spouse, the answer for Question 4.)  should be Yes and she has to provide my I140 receipt details as justification to the Question 4.

 

Is my understanding correct ? Please let me know.

 

I believe since her name is added to your I-140 the answer has to be YES.

[livliv]

Technically she can answer no as it wasn't filed for her. But to be safe she should answer yes and provide your I-140 details.

[Abecedarian2012]

ok thanks