Change of Status from F1 to H4


nehajha

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Posted

Hi,

 

Scenario: My husband's H1-B Extension is pending with USCIS and he has got his WAC #.

I am currently on F1 and employed on OPT which is valid until 19th Oct'2015. Due to some personal reasons, I have to change my status back to H4 and so I would be applying for COS by mid -July'2015. I seek few clarifications with regards to form I-539.

Please help. Thanks a lot.

 

Part 1

1. 12c Check this box if you were granted Duration of Status (D/S) 

Ques: Do I need to check this option since F1/OPT status has been granted to me until 20th

           Oct’ 2015 only?

 

Part 2

2a A change of status. The new status and effective date of change (mm/dd/yyyy)

Ques: What date should I put here?

For Example: If I apply for COS around 15th July’2015 and ask USCIS to Change my Status

from any date before Oct 19th’2015,  would it it be possible?

 

Part 3

1b Check this box if you were granted or are seeking, Duration of Status (D/S)

Ques:  Should I check this option since H4 is also provided for certain duration based on my

            husband’s extension?

 

Part 4 

2a Foreign Home address 

QuesShould this address be of India in my case since my current permanent address is of

           India?

 

Additional Questions

 

1. Filing address: Is it USCIS Dallas Lockbox (mentioned below) since my husband’s extension is

    filed separately from mine? The link mentions this: A Form I-539 filed separately from a

    principal’s Form I-129, with the exception of Form I-539 filed concurrently with Form I-765

    under category ©(26)(http://www.uscis.gov/i-539-addresses)

        U.S. Postal Service:

        USCIS

        P.O. Box 660166

        Dallas, TX 75266

 

2. Since my husband's extension is under process, do I have to give his existing I797 and i94

    or USCIS will pull it from his WAC number?

 

Regards,

Neha

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