I-539 form and process queries (H-1 to H-4)

[nikhilganu]

Greetings to all,

 

I plan to file for my wife's change of status from here current H-1B to a H-4. Her H-4 application would be based on my current valid H-1B. Here employment will end on Dec 31, 2013. There are a few questions that I needed an explanation for:

 

1. Part 3 (2) states: "Is this application based on an extension or change of status already granted to your spouse, child, or parent?" : Is this where I select 'YES' and enter the receipt (approval) number (EAC-xx-xxx-xxxxx) that shows on my I-797A, Notice of Action form?

 

2. Is it OK if the application is post marked for a date that falls before the proposed last day of employment? Is it necessary to have the receipt# (for the new change of status) in hand before the proposed last day OR is it OK to have sent in the application to USCIS before that proposed last day? 

 

3. The USCIS website mentions the following as the required supporting document: copy of I-94, the I-129 petition (if H-1 application is pending) OR the approval notice, marriage certificate. Are there any other specific documents that they would want?

 

 

Thanks in advance for helping out with these questions.

 

cheers,

Nikhil

 

[jairichi]

 

Greetings to all,

 

I plan to file for my wife's change of status from here current H-1B to a H-4. Her H-4 application would be based on my current valid H-1B. Here employment will end on Dec 31, 2013. There are a few questions that I needed an explanation for:

 

1. Part 3 (2) states: "Is this application based on an extension or change of status already granted to your spouse, child, or parent?" : Is this where I select 'YES' and enter the receipt (approval) number (EAC-xx-xxx-xxxxx) that shows on my I-797A, Notice of Action form?

 

2. Is it OK if the application is post marked for a date that falls before the proposed last day of employment? Is it necessary to have the receipt# (for the new change of status) in hand before the proposed last day OR is it OK to have sent in the application to USCIS before that proposed last day? 

 

3. The USCIS website mentions the following as the required supporting document: copy of I-94, the I-129 petition (if H-1 application is pending) OR the approval notice, marriage certificate. Are there any other specific documents that they would want?

 

 

Thanks in advance for helping out with these questions.

 

cheers,

Nikhil

 

1. If you had an extension or change of status to H1B then the answer is YES and enter your I797A details.

2. You can send it even now as it would take at least 3 to 4 months based on the current processing timings.

3. Her latest pay stubs, your latest pay stubs, your employment verification letter.