H4 Filing i539 Form Question


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My Spouse is on H1B visa, Her Visa is valid till Nov 7 , 2019 , Her employer filed extension in premium processing.She got RFE and need to reply RFE by Dec 26 2019.

I am on H1b and my Visa is valid till FEB 5 2020, My Employer Filed the extension last week in normal processing and it is in progress. I havent got the receipt number , It will take 3-4 weeks to get the receipt number as per my company’s internal process.

I want to apply H1B to H4 COS for my wife in the mean while as a backup plan for her H1B rejection.

I need some help on the i539 form

  1. Till what date i can wait to file the H4 filing assuming it will take some time for the mail to reach USCIS and i94 expiry date is 7 NOV 2019.
  2. Do I need to use my approved receipt( 5 FEB 2020) for the H4 filing assuming i will not get the current extension filed receipt number on time. What needs to be done once I get the receipt number and H4 is not approved till FEB 5 2020( My H1b Expiry date).
    3)If I get my current receipt number on time , Can i use the current h1b extension receipt number to file my wife’s H4. DO I need to mention my Current approved receipt number ( Dated 5 FEB 2020) also in the form.
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