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View Full Version : Form I539 - COS from F2 to H4 - Questions on some sections


uhhuduga
Feb 3, 2011, 09:48 AM
Hi all,

I am currently on F1-OPT and my wife is on a F-2.My employer is filing my H1B and I am supposed to provide them with a completed form I-539 for my spouse. My questions are as follows:

1) Part 1 : Address/Incare of : Should I be mentioning my name(primary H1B applicant) and current residential address in the United States?

2)I-94 expires on = I believe this would be my OPT(EAD) last date and not her F2 visa expiry date since her legal stay depends on my last day of legal stay.She has D/S F-2 written on her I-94

3)Part 3 question 1 : I/We request that my/our current or requested status be extended until : I have mentioned a date which is about 3 months from now.Is that fine?What should this date be based on?

4)Question 4 asks for name of petitioner or applicant whose H1B is filed alongwith this I539 : I believe I can mention either my company's name or mine.Please clarify.

5)Finally there is a question on how she is supporting herself since she is unemployed.I have mentioned my employment details and salary details.Should I also be mentioning my bank balance details and attach a latest statement?

Thanks in advance.

NYcityboy
Feb 3, 2011, 01:16 PM
1. use her name and your common address
2. D/S (do not use your OPT expiration date)
3. same date as the request on your I-129 (leave it blank if you don't know)
4. your name
5. "supported by spouse"

uhhuduga
Feb 3, 2011, 01:46 PM
Thanks for the quick response.I appreciate the effort.The first line already has her name details.Shouldn't the address/In- careof have my name and our common address since she is on a dependent visa .Should I mention her name again?Please clarify.

NYcityboy
Feb 3, 2011, 02:39 PM
The other name is typically only needed if it is truly "in care of". Since she is the applicant and she is at that address, no need for you to the "in care of". No need for in care of. You are overanalyzing the form, as all notices will go to the attorney of record on the G-28.

uhhuduga
Feb 7, 2011, 09:16 AM
Thanks.The reason is my employer has mentioned that they will NOT review my I539 and it is up to me to make sure it is correct.They only will review and file my H1B and are attaching the I539 for my spouse as a complimentary service.

uhhuduga
Feb 7, 2011, 10:10 AM
Also , for the Expires on field in the form (which is a date field) , you mentioned to put in D/S . Should I just type in D/S in the date filed or should it be the expiry date mentioned on her F2 visa stamped in her passport?Thanks for all the help.

NYcityboy
Feb 7, 2011, 05:00 PM
D/S, the expiration date they are referring to is the I-94, not the visa.

inayatms
May 11, 2011, 10:01 AM
I am on F1 OPT extension and my wife on F2.

My employer is filing my H1B and I am attaching I-539 for my wife's H4. I have a question.

1) In 3.g

Have you or any other person included in this application, been employed in united states since last admitted or granted an extension or change of status?

I have selected "NO" as I-539 is filled by only her. Is that correct?

What needs to be mentioned about me as I am switching to a different company with H1B?

I found all other questions from this forum. Thanks.

Thanks for help in advance.