USCIS changed the Form I-539 and added new requirements in March 2019. As part of the change, USCIS collects Biometrics and done updates to the form and how the applications are processed for anyone using I-539. This change impacts H4, F1, L2 and many other visa holders that use I-539 form with USCIS. This article covers all the changes, biometrics fee, process and impact to processing times in general, including latest news on the form.
Background : Why Biometrics with I-539 form ? Visa Types ?
One of the fundamental reason for the updating the I-539 form with Biometrics option is the Executive order EO 13780. As per that EO with title “Protecting the National from Foreign Terrorist Entry into the United States”, DHS want to protect America from foreign Terrorists and individuals who can cause threat. Wit the updated I-539 form, DHS is planning to collect Biometric information for better screening and vetting for national security.
Impacted Visa Types with New I-539 form
I-539 form is used by many categories of visa holders and it will impact all of them.
- H1B, L1 dependents ( spouse, children) – H4 Holders filing for extension/ change of their status
- L1 Dependents ( spouse, children) – L2 holders filing for extension/ change of their status
- B1 / B2 – Visitor visa holders to extend/ change their status
- F1 for COS, Reinstatements, J1 Holders
- Other visa holders dependents like CW-2, E category dependents, G, G-5 etc.
Changes in the I-539 Form after Biometrics
The updated form I-539 with biometrics has not changed much, just some minor changes. There are some minor changes in pages 1,2, 4, 6 and 7. See below at the end of article, where we highlighted what changed in every page. One of the major change is removal of the Supplement A section from I-539 form and put it a separate form. Also, a new version of the I-539 form was updated in March 2021 after Biden administration removed the public charge rule. The current version of the form I-539 now 7 pages.
Below is how you can identify if you are on the latest form or not. It was updated in 2021 as well and now the current edition is 3/10/21 and expires 09/30/2021. See below screenshot.
Added New I-539A form for Co-Applicants
The I-539A form is the new form that was created with the Supplement section in the previous I-539 form. Every co-applicant, who is filing along with the primary I-539 applicant should submit a separate I-539A form and each of the co-applicant has to sign in their respective form. For children under 14 years of age or who cannot sign to due to health reasons, their parents or guardians can sign.
How much Biometrics Fee ? How to pay ?
The I-539 Biometrics fee is $85 USD for every applicant and co-applicant. This biometrics fee is in addition to standard I-539 form fee of $370 USD. If you are part of A, G, and NATO categories, you do not need to pay biometric fee. If you do not include this fee, your application will be denied.
Example : If let’s say you have 2 children filing along with one dependent then fee would be like below for all 3 of them.
- Application Fee : $370
- Biometric Fee : $85*3 = $255
If you are giving check, it is recommend to give separate checks for each of the biometric appointments to avoid confusion. You need to give separate checks for each of the biometric appointment to avoid confusion.
I-539 Processing Steps with Biometrics
- Step 1 – Completing, Sending I-539, I-539A Application Forms : The first step of submitting application form I-539 is same as before. You need to complete the latest version of I-539 form and submit the application form to the respective address. If you have any dependents, now you would also attach additional I-539A forms, as applicable for each of the co-applicants, sign and send it to the respective USCIS center. The change in process happens after you send to the application form.
- Step 2 – Biometrics Notices : After you submit the complete application form along with fee with USCIS, each of the applicant and co-applicants will receive a separate Biometric services appointment notice containing individual receipt number.
- The appointments will be scheduled at the nearest “Application Support Center (ASC)” closest to the main applicant’s address.
- If you want to give biometrics to be done at a different location, then you need to file a separate I-539 form.
- The applicants will receive an advance notice of 7 days for the biometric appointment. They can re-schedule as needed. On an average, they say that it will take about 17 days for the overall biometric process. But, this varies by the load and situations. with COVID, this has taken months due to less availability of ASCs.
- Also, since the pandemic, the Biometrics notices also arrive with Application Information Worksheet (AIW) that needs to be filled by the applicant and submitted at the ASCs.
- Step 3 – Giving Biometrics : After the applicants receive the Biometrics notices, they need to go to the respective ASC and give Biometrics. They will stamp on the Biometrics appointment notice confirming the same. They will take the AIW form and update their system with the information in it.
- Step 4 – General Processing of I-539 : After the biometrics are complete, then the standard processing of the Form I-539 starts. Biometrics is considered as a pre-requisite to process the general form. Applicants would get approval, RFE or Denial based on general application processing and documentation.
I539 Processing time, Delays of H4, H4 EAD, L2 with Biometrics
As per USCIS guidance, typically they would take about 17 days on average to complete the I-539 biometric process from the day they receive the I-539 application(assuming no re-schedules) form. But, the reality is very different. Based on various H4 & H4 EAD Biometrics Experiences, it is pretty clear that there can be anywhere from few weeks to few months delays with the biometrics process.
Also, during COVID-19 situation, there is less availability of the ASC and there have been significant delays with the Biometrics processing of the I-539 forms. It has taken many months for USCIS to process the Biometrics due to the ASC Closures and limited capacity. Read USCIS Delays with 1.3 million Biometrics appointments to know more.
You can check the I-539 – H4 Visa Historical Processing times to get an idea on the typical processing times. The processing times vary significantly based on the type of visa you are filing the form I-539 form. There are extensive delays with F1, B1/B2 extensions or Change of status applications.
Premium Processing of H4, H4 EAD, L2 with Biometrics
In the past USCIS would process H4 and H4 EAD along with H1B premium processing within the 15 days premium processing clock as a courtesy. But, with biometrics requirement for H4 extensions or COS in the process, they said they are not going to process H4 and H4 EAD in premium processing.
USCIS said they will process the H4 and H4 EAD only after the Biometrics are complete. Based on historical data from 2019, 2020, they have been taking anywhere from 2 months to 6 months or more for H4 and H4 EAD processing, even if the H1B was filed in premium processing.
There are some misconceptions that, if you upgrade after biometrics are given, they would process H4 and H4 EAD faster, but that is not true. There is no consistent response by USCIS. In some cases, some users are lucky, but many are not lucky and there is no pattern as such. You can check H4 & H4 EAD Biometrics Experiences
Biometrics Process at Application Support Center ?
At Application Support Centers(ASC), they will capture your fingerprints, photograph and/or signature and you will need to confirm your application details, stating they are true and correct under penalty of perjury ( basically under US laws oath stating they all are correct).
You will need to submit Application Information Worksheet(AIW) that has details about your age, weight, your physical characteristics. Read How to fill Application Information Worksheet(AIW), Sample to get more info
USCIS suggests that you review your application beforehand or have a copy of what you have sent to the USCIS center, so that you know what you have sent to review and confirm the same at the Application Support Center.
Common FAQs
No, you do not have to do any separate appointments. USCIS will automatically do all the biometric appointment scheduling and send you the notice for appointment date and time, you can change it as needed after you received it.
Yes, it is mandatory for pretty much all of the applicants using I-539 form for extension/ change of status for many types of visa holder such as H4, F1, etc. except for certain A, G, or NATO Classification categories.
In the past, USCIS said that Biometrics are done by contractors and they can increased as needed to handle load, if there is surge in appointments. The overall processing times should not be impacted by a big margin, except additional 17 days. But, the reality is very different with COVID-19 situation. There has been significant amount of delays with Biometrics processing.
No, you do not need to go to biometrics. It is only for H4 holders using the form I-539.
As per USCIS guidance, on their I-539 form instructions (page 12), you should call up the nearest US consulate/ embassy and arrange for the biometrics. It says “If you are currently overseas, instruct you to contact a US Embassy, US Consulate or USCIS Office outside of United States to setup an appointment “, see below screenshot. 
New I-539 form Changes by Page Compared with Old I-539 Form
Check latest form info at I-539 form at USCIS website
What do you think of the new form ? Share your experiences with the New form and Biometrics appointments
Hi,
I’m filing 2 different i-539 applications online for my parents to extend their B2 status due to COVID. Do i need to write 2 different written letters for both of them or will a combined one suffice? I just don’t want to confuse the immigration officials.
Thanks!
Anu,
You can write them separately and also reference the other one in letter saying you are also filing it for the spouse, so they are aware.
Hi,
What is the current correct version of i-539 form that need to be used for filing H4-ext purpose. Also, what would be the instructions to enter the stimulus section details in the very latest form?
Thanks,
Syed
Syed,
You need to use the latest that is on the USCIS website. There is an older version as well. Check with USCIS once before you apply, if you are not sure.
Hi,
My parents came to visit us end of January and they were supposed to leave this month, due to Covid 19 plans have changed. Their I-94 will expire in another 40 days and their Visa just expired.
1. Do I need to apply for Visa and I-94 extension for my parents?
2. Can we complete I-539A form or it has to be completed by a lawyer?
Thanks in advance
Pavani,
1. You need to apply for Extension for B2, it will come with extended I-94, if it is approved.
2. You can fill it. No need of attorney.
Hi,
My OPT just expired and I’m on the grace period. I cannot leave the US due to COVID 19 and travel restrictions. Would you suggest applying to extend F1 status or change my status from F1 to B2? About I-539, it asks about when does my current nonimmigrant status expires. Do I put down my OPT end date or including the 60 days grace period? Also, what date should I put for the requested status to be extended until? Do the extension period given based on the date I put on the form?
Thank you!
Christy,
As your education is over, not sure, if you can, unless you have new admission for other program at a school. Your best option is to apply for F1 to B2 COS.
For F1 it is usually D/S, which translates to your end date on the I-20. Talk to your DSO once on this and confirm, if you need to enter D/S or the end date on I-20. That date is only used to determine, if you maintained your status or not.
Christy,
How did you go about it? I am in the same pisition. Wondering if I should change it from F1 to B2. My OPT will expire soon. Also, did you get any updates yet? Thank you.
Hello,
I have applied for b2 extension for my mother on June 8th and got a receipt after 24 hours of application in my USCIS account. She came here on Feb 22nd and her i-94 expires on Aug 28th.
1. Now that the USCIS offices are open, when will we get the biometrics notice?
2. Can my mother stay in the USA beyond i-94 expiry only with the receipt number and other documents we have got? The decision is considered as pending right?
3. The processing time for extension cases is shown as 7 to 9 months on USCIS website, it means she can stay in the USA until the processing time or until the extension is denied?
4. If the decision comes as denied after she has stayed in the USA beyond i-94 expiry date, how much time does she have to leave the USA?
5. I know there is no refund of fee from USCIS regardless of whether the extension is approved or denied.
But during this uncertain situations is there any chance of a refund if we want to withdraw the application after applying?
Thank you,
NA,
1. We do not know, need to wait.
2. Yes.
3. No, she should technically leave before 180 days.
4. She will need to leave immediately after she gets denial.
5. No refund once you applied.
Got it??
Thank You so much ?
Hello Kumar,
I have another question about the notice we have got with a receipt number.
“We have received the application or petition (“your case”) listed above. This notice only shows that USCIS accepted your online filed case on the “Received Date” listed above. It does NOT grant you any immigration status or immigration benefit, and it is not evidence that your case is still pending. We will update your online account when we make a decision on your case or if we need additional information.”
Here what does “it is not evidence that your case is still pending ” means ??
1. I thought getting receipt number itself means that the case is pending. But after looking at this I’m bit confused whether my mother could stay here beyond i-94 expiry with just this notice and receipt number or not?
2. Does she have to wait for the case to be updated as “pending” to stay here?
Thank you in advance, your answers relieve my stress to a great extent 🙂
NA,
That is standard text, nothing to worry. Check Sample H4 I-539 Notice .
In general, once she files for the extension, she can stay up to 180 days or until decision. But, if things change and you find a way to leave earlier, you should leave and not wait for the decision.
Oh Okay ??. Thank you?
Yes she will leave whenever the situations ease.
Based on the current policy, does that mean every time when you file H4 application or H4 extension, we will need to do the fingerprint?
My spouse’s H1B expires on July 1, 2021. I am now applying for H4 and understand I will be required to do the fingerprint in the US now. Let’s say if I get my H4 application approved in 5 months, say Nov. 1, 2020. so I guess my H4 will be expired in July 1, 2021 too.
Then next year, when my spouse applies for the H1b extension, do I need to apply for H4 extension too? If so, do I need to do the fingerprint again? or I don’t need to do it since I already did it before?
Any suggestions will be highly appreciated.
Rakesh
One more question； when the spouse applies for H1B transfer to a new company, does the H4 also need to be re-applied? and also how about the H4 EAD?
Thanks.
Rakesh,
It is usually done to keep the dates in sync with H1B. But, you do not have to do it every time, if your H4 and EAD is valid. You only need to apply, when it is close to expiry.
Rakesh,
yes, that is the rule. you need to do it every time…
Yes, usually they will give until the end of H1B expiry.
Yes, you need apply for H4 extension too. Yes, need to do it again. As of today, you need to do it again.
Hi
I filed B2 extension for my parents in Feburary and we received the notice for biometrics which was March 20th 2020 in NYC. we couldnot go there as USCIS offices were closed. we moved to my brother’s house in PA in April and have stayed here since. USCIS office will reopen on June 4th, I would like to know if my parents can do biometrics at a different location? do they have to do it in NYC location? they actually do want to go back there. another question is , if we want to reschedule the biometrics, how do we reschedule?
Neena,
USCIS will re-send the biometrics appointment notices. Try to reach out to USCIS and see, if there is an option to change the location. Most of the cases, in the past, you were able to go for biometrics in other ASC locations too, now with COVID guidance, not sure how it will work…Call them and do update here for community benefit.
Hi,
I want to change my status from H1B to H4 on my husband’s H1B. Currently my husband’s H1B extension is on progress and he received a RFE recently. While filling I 539 form, i needed help with the below questions. Can you please advise on these.
In Part 3:
1. I/we request that my/our current or requested status be extended until (mm/dd/yyyy)
Please suggest what date should i enter?
2.a. Is this application based on an extension or change of status already granted to your spouse, child or parent?
Available Options: Yes/No
Since this is the first time Iam changing my status to H4, do i need to select option “No” ?
3.a.Is this application based on a separate petition or application to give your spouse, child or parent an extension or change of status?
Available options:
Yes, filed with this Form I-539
No
Yes, filed previously and pending with USCIS
Since this is the first time Iam changing my status to H4, do i need to select option “No” ?
Meera,
1. Well, you would typically put in the date that the expected from the H1B. Check the H1B petition application, there would be a date on it that H1B is requested for.
2.a. It is a “No”, but the reason is that because your spouse H1B is not approved yet.
3.a. It is “yes, filed …”. The reason is your spouse extension was filed separately and it is pending with them right ? Think about it… Discuss with your spouse’s company attorney as well, if you are in doubt and then apply.
Hi Kumar,
I am in the US on a B2 visa and was planning on a Masters in the US starting this Fall. My husband is on an OPT and joined his job in Feb this year. I arrived in Jan’20 and applied for the Unis in March-April. I have got admits and am planning to apply for a change of status to F1 through I-539.
Q1 : The initial plan was to travel back to get F1 but now with phased travel options being carried out and lack of clarity on reopening of consulates in India I am in a tight spot. It is quite worrying to see all the articles and USCIS updates on delayed processing times. I understand that it will easily take 4 months min or even up to one year (classes begin in September). Is it better still to travel to India as soon as the travel operations are in ease and apply for an F1 visa?
Q2: Is it better to apply for a B2 extension ( to bridge the gap of 3 weeks after the expiration of I-94 till the validity of a student visa starts) and wait out for the COS to F1 to be accepted? Do you think the USCIS will consider this as a contradiction of interests?
Q3 : Also do they reject B2 extension applications a lot? In my case since I will have to show in my B2 extension application that I am awaiting a change of status to F1 will they consider it as a solid reason?
Vidya,
1. I understand, it can be tough. Yes, I believe that is the better option, even if it delays.
2. This is really tricky and usually COS from B2 to F1 is not recommended as the intent of entry is changing…Also, the delays are really long with F1 COS.
3. Well, yes, most of the cases B2 extensions are not encouraged unless it is extreme situation with health or something like that…
I suggest you talk to an attorney and then plan for the COS, if you intent to…These are difficult times, so be careful with immigration.
Thanks Kumar for the suggestions. Adding two more queries:
1.If I plan to defer my admit for next year and apply for a COS to F2 (husband is on F1 OPT) would that be better? Is this less frowned upon by the USCIS officials in comparison to an F1 COS?
2. If the B2 extension gets rejected later and your I 94 expired before this decision will the remaining days be counted unlawful? and with the flights not operating regularly it would be difficult to plan the return soon after the rejection notification right?
Thanks again!
Vidya,
1. Well, hard to say… Any COS from B2 is tricky as the intent is going to be changing…Also, the wait times for COS are going to be long and you need to maintain status, that will be really tricky…Discuss with an attorney.
2. Now, with COVID-19, you maybe able to file B2 Extension as extraordinary circumstance and very likely get it positive. You should leave it as soon as flights open. If you filed on time, your status will be unlawful only from the day of denial…
Thanks for the suggestions again, Kumar !
Hello.
My parents are on B2 and their i-94 expires on JUNE 4th… their return flight to India has been cancelled and we have applied for an extension of status (i539) via mail on May 12th..We have NOT received the receipt notice yet..
I am not sure how long will it take for bio-metrics and over all processing of I539.
Will there be an issue if my parents leave after the i-94 expiration date (after June 4th); but before attending the bio-metric appointment?
Not sure if failure to attend bio-metric results in either abandonment or rejection of the application ? and how would either of these two scenarios impact my parents’ ability to reenter US?
Also is it true that if the I539 is rejected or abandoned; my parents’ current B2 visa (which is valid for 4 more years) will become void and they will have to reapply for a new visa?
GREATLY appreciate your guidance with these questions as well as your overall advise on this situation, please…
Many Thanks !
No issues. Since you already sent the I-539 application before the I-94 expiry date there is no need to be worried. These are uncertain times and USCIS has already posted that processing applications and sending receipts would take additional time. Just wait for few more weeks for bio metrics and receipt.
Thank you, for your response.. Just to clarify, if flights to india resume before my parents bio-metric appointment in scheduled, will it be okay if my parents leave the US without completing the bio-metrics? how will it impact their status and will their stay beyond the current i-94 expiration (jun 4th) be perceived as over-stay/illegal?
No issues. You have an option of postponing the bio metrics appointment date. You can request for a later date and your parents can leave before that date. But skipping bio metrics is not a good idea.
Aru,
To add to Raj’s response. Just make sure they keep the documentation with them that they applied for it before the I-94 expiration. Any fedex tracking slips or copies of what was sent would be good. Next time, when they enter, if CBP asks, they can show the same.
HI! I applied form I-539 changing my visa status from J1 to B2 which I requested to have it until 7/13/2020. My J1 visa ended in 1/14/2020 and I got 30 grace days after that. My form was approved on 5/19/2020. Due to the pandemic, I am not sure there is any flights going back home by 7/13/2020. Should I extend the visa one more time or stay until the flights are available? I wonder if the immigration officer would be understanding my situation when I leave. Thank you so very much.
Kim,
if you cannot leave the country due to issues of COVID-19, you should apply for it before it expires. You have time until July, wait for few more days and if nothing moves by end of June, then you can apply for second extension.
Hi Kumar,
I am trying to apply for an online extension of stay to my parents (B1/B2 visa status) through the USCIS website and I noticed that the online form I-539 is only valid if you are requesting the extension for only yourself! So, my question is “Can I apply online form on behalf of my parents?” But in that case, what about the financial support documents. “Can I produce my paystubs online or should I send them through the mail?”
I created an online account using my dad’s personal information. The following question is very misleading.
Is this application based on a separate petition or application to give your spouse, child, or parent an extension or change of status?
Yes, filed with this I-539
Yes, filed previously and pending with USCIS
No
So basically who is filling this application? Me or my dad?
Somy,
Did you sort it out ? Were you able to attach it ?
Yes, I sorted it out. I sent in all docs as an attachment on behalf of my dad. I also received the receipt number. Thanks.
Hi I am also filling out the online forms for my parents. In the later filed application, do I need to check the earlier application “Yes, filed previously and pending with USCIS”? Or should I check “No” for both?
Thanks!
Hotpot
Hi, I filed I-539 last March , 2020 for my mother who is still in the U.S. because of the COVID. When I submitted the form and documents needed, they asked for a flight ticket if when she is coming back so I have to booked for a flight which will be on the 22nd of June 2020. USCIS supporting office is close and she haven’t done her biometrics yet, do you think I can cancel the flight ticket that I already reserved? Even if it will be approved it might be already passed the date of her flight. Will this affect the application that I submitted?
Perlita,
Now with COVID-19, not sure, if they would really look at it. Again, we do not know how they would look at it. Talk to an attorney, if you are unsure.
Hi,
When I apply for NEW H4 COS and NEW H4 EAD, do they Both have the same expiration date with my spouse;s H1B expiration date?
In addition, when my spouse do the H1B extension, does that mean the H4 and H4 EAD also need to do the extension too?
I heard currently USCIS is not doing H1B PP with the H4 and H4 EAD due to the fingerprint requirements. I was wondering if we submit all three (H1B extension+ first-time H4 COS+ first-time H4 EAD) together under regular processing first. Then after I finished Biometric, can we upgrade H1B extension to Premium? If so, by doing this, will it help USCIS approve all three at the same time?
Thanks for your help.
Rakesh Upadhyay
Rakesh,
They will usually get the same expiration date as your Spouse H1B.
Yes, they need to be extended too
You can do it, once it becomes available. No, H4 and H4 EAD are not going to b processed in premium. Some had luck, many were unluckly since the biometrics came in.
Hi Kumar,
I applied for B2 extension for my parents in early April, their I-94 was expiring on 4/25. Today, I received all documents and the check back along with a notice saying application is returned due to missing document. They sent a paper that we would need to attach when we re apply.
we are preparing to re send the application but I am worried that this application will be considered as filed after I-94 expired. What are the chances of our application being accepted?
The whole situation is worrisome!
Hi Sudha,
I have also applied online for B2 extension for my mother in April, so far we haven’t received anything except for the receipt.
Wondering if its okay with you to share what kind of documents you were missing. I am getting scared that they might return or reject our application.
Also I read on USCIS website that ideally you need to apply before I 94 expiration but incase someone was not able to apply before that, he/she need to explain the reason for late application. I think in your case you did apply before the I-94 expiration which you always mention. As long as your application is not rejected I think you should be good.
Samy
Samy,
We were missing one page of application.. not sure how that happened. We are going to re apply next week. How long did it take for you to get the receipt? I never got a receipt, just received all documents and check back.
I have to mention, we didn’t apply online. We sent a physical application. Since you have receipt number, you can always check the status. I don’t know what’s the processing time though.
Hi Sudha,
Yes we applied online and we got the receipt within 48 hours through email. In order to apply online, we had to make an online account with USCIS which turned out to be good as we can see all the information and documents submitted and can also submit additional stuff if we want just by uploading it into our account. and USCIS can also contact us through it and through email.
So far it doesn’t say anything about processing but searching on USCIS website, it looks like it may take 5-6 months.
Hi Samy,
I am trying to apply for an online extension of stay to my parents (B1/B2 visa status) through the USCIS website and I noticed that the online form I-539 is only valid if you are requesting the extension for only yourself! So, my question is “Can I not apply online form on behalf of my parents?” But in that case, what about the financial support documents. “Can I produce my paystubs?” I created an online account using my dad’s personal information. The following question is very misleading. So my dad can be the applicant and choose No or I can be the applicant and choose the first option?
Is this application based on a separate petition or application to give your spouse, child, or parent an extension or change of status?
Yes, filed with this I-539
Yes, filed previously and pending with USCIS
No
So basically who is filling this application? Me or my dad?
Sudha,
Do not worry, write up an explanation letter and the situation with COVID-19, they will consider as it is special situation.
Kumar
We sent another application with a covering letter explaining the situation, received receipt number today. Many thanks for your help!
Sudha,
That’s great. Glad to hear it worked out !
Hi Kumar,
I would like to apply extension for my Parents, so do i need to apply two different applications or my father in I539 and mother in I539A as co applicant…
Or do i need to apply two different applications ….
Priya,
If you apply online, you need to do it as two. If you apply with paper forms, you can file as one as main and other as co-applicant.
Hi Kumar,
If we apply online the extension application .. the bio-metric appointment details we get through Online(Email/USCIS account notification) or by mail..?
Priya,
You will get physical copy of the notice. It looks like Sample H4 Biometrics Notice
Thank you for the article. It was quite useful.
I’m trying to apply for H4 and EAD together (I’m currently on H1B visa). I’m planning to go back to studies that begin late August. I will get some bonus from the my current firm by mid-july. If possible I’d like to leave after I get the bonus but not at the risk of affecting my visa situation for starting studies; I’m allowed to start studies on even if H4 is filed but would like to get EAD approved as well so that I can do internships.
Now, I have a couple of questions:
1. If I put the “effective date of change” as, say, 1st August, will the process for EAD only start after that date?
2. Is it possible that change of status might be approved before that date (and so I’ll have to leave my job)?
P Gupta,
1. Yes, that will be the case as you cannot have EAD without H4 status.
2. It can be approved, but as you have put in effective date, the I-94 on it with status change will kick-in on that day only, so it will be fine.
Hi! My friend is here in the US visiting as a tourist. With Covid—19 she’s scared to travel back to her country (Mexico). She applied for an extension of her stay which expires on May 17th, 2020. Her application was received on April 18th 2020. Can she stay beyond May 17th while her I-539 application is in process? Thanks so much in advance.
Cheryl Draber,
Well, USCIS will look at the reason for staying back. If she has valid reason and cannot travel back to the country due to travel restrictions, then they may honor, otherwise they may not. I understand her concern, but it has to be extreme situation for USCIS to give extension.
Hi,
My Son is currently on my Ex-Wife H4 , She got laid off , can I transfer him to my H4? My H1 is Valid till 2022.
What’s the process here ? as I need to just apply for this transfer alone? and fee?
is it would be better for him to go back to India & get it stamped and come back?
Could you please advice?
Thanks
Sudarshan,
If you would like to add him as your dependent, then you will need to file I-539 form as listed above and need to pay respective fee. Also, I suggest you check with attorney on this as you did not have him as dependent for you before…
I submitted an I-539 in April, the B2 visa expires at the end of June. I talked to someone at uscis today and he said that a biometric appointment request showed up on his end even though nothing shows when I log in, other than the initial receipt. If the request was going to be denied would they send me the biometric request? Could it still be denied even after submitting biometrics?
Hi Huntington,
I also applied for I 539 online for B2 visa extension for my mother in April, we got an email 2 days later with the receipt, however we haven’t got any request for biometric appointment as USCIS Office is closed for public till 4th June.
I am just wondering that even though you never received any biometric appointment request either through mail or email but the USCIS person mentioned to you that you have an appointment ? Please clarify this as its making me worried thinking that USCIS is scheduling the appointments but not sending any info to people.
Thanks a lot
Sorry for any confusion. The man I spoke to mentioned something would go out by mail/or update on the online account, no appointment scheduled for a specific date at this point. He said offices are supposed to start reopening June 4th, and if we had not heard anything by then to make sure we call back.
Huntington,
Yes, now what you said makes sense. So, technically they will send out notices for biometrics once offices are open..
Huntington,
It could be mail delay or some issue. What you could do is try to call them and see, if they can send another Biometric request. Alternatively, you can visit any ASC center once they are open and then tell the same you said, if they can see the Biometrics, then you should be able to give it…
HI Kumar,
Do you know what the current processing time is for F1 to H4 COS applications as of now?
Khusro,
Check USCIS processing times on their website. There can be delays as many are filing COS applications now.
Hi, i submitted an extension form for my F1 status after i went out of status. I did my biometrics in January and still haven’t heard from them yet. Do you know how long the estimated wait time is?
Ade,
Was it filed as Re-instatement with DSO help ? Discuss with your DSO and plan for backups.
Hi,
My mom is visiting me and my brother in the US. Due to the COVID 19 situation we are planning to extend her stay. Her visa ends in first week of June. She is currently with my brother in North Carolina. I live in California. We are planning to book her ticket end of May to California. Where will her biometrics be done? Is it based on mailing address or where she is currently ? Thanks
Bindi,
It will be based on where she is residing. You need to put in the address, where she would be living at that time. It is usually based on mailing address of the person, but can be tricky at times as some reported that they got Biometrics far apart, as it had attorney mailing address. So, try to keep all addresses same to avoid issues.
Thank you! Much appreciated.
Hi,
How are we supposed to pay the filing fee? Will we have to pay before signing the form and submitting? I don’t see any link regarding how to pay except mentioning fee amount of 455$.
Can you please help with this? Thanks
Bindi,
Yes, you submit the checks or pay online when you submit the form. Check the form instructions, there are details.
Hi all,
My mom is visiting me> she is Indian citizen but Canadian Permanent Resident. Her I94 expires 8th May. She is unable to leave because of this CV situation. We filled and submitted her I539 form( to get her I 94 extended) earlier this month , but haven’t received any response back yet. What should I do in this situation.
Usha,
All you can do is wait for the receipt notice. It may take time, as their offices are closed. You can try to call them and check
Keep the receipt of the mail from Fedex or UPS for your reference as proof that you sent it on time.
Thanks Kumar. I have the receipt of the mail from USPS and that they received the mail on 8th April. I have tried calling them and but since the data is not yet in the system, they dont tell me anything. I also sent couple of emails to lockboxsupport** and they havent responded at all. I am just scared that they will make my mom’s status invalid or something. In case I dont hear from them until 7th May, my mom will still be here. What happens in that case? Should I wait or should I file it online OR since we sent the forms first week of April, it will be counted as “In Process” .
Hello Usha,
Don’t worry too much. USCIS has already posted on their website that there are delays during this crisis time for sending receipts and processing inbound applications. As long as you have the receipt showing that you posted application before I-94 expiry your mom’s status is perfectly fine even after May 7th. It will be considered as in process status.
Raj, thanks for adding your thoughts, agree with you !
Thanks Raj
i am also in the same situation, i send documents on May 16th. No confirmation Yet. My in-laws visa expiring on May 6th.
Regards
Madhu
Usha,
It is difficult situation for everyone, do not worry. There are many in the same boat. You have done your part, keep the documentation and wait for them to give the notice. Give it a month and then see, if no response, call customer service and then check with them.
Hi Usha,
Have you received the receipt yet? I applied for extension for my parents early April and havent received receipt yet. I am a little worried now.
Hi,
I am on H1B and my wife, kid are in H4 (Dependents). My 6 years max out date is 5/15/2020 (same date on I-94) and my dependents I-94 expiry is 5/4/2020. My I-140 is filed on 4/7/2020. As there are travel restrictions in India, my attorney suggested to go with COS to B2.
1. Can i fill I-539 forms for three of us and submit together with different COS date in my form? or can i submit my form separately?
2. Do i need to include any written letters in addition to the H1/H4/My financial docs?
3. As My I-94 having only 10 days extra validity, Will there be any issues if i submit I-539 for H4s prior to my application?
I know that i am close to the deadlines, but i was waiting till end as my attorney requested for expedite my I-140 and that caused the delay.I really wanted to complete this by tomorrow. Please suggest.
PKumar,
1. If you are filing online, you have to do it separately. But, if you are filing paper forms, you can submit all forms together.
2. Yes, indicate a cover letter stating your situation and why you are applying for it.
3. No, it will be fine. This is where the cover letter will help.
Do it soon…
Hi Kumar, Thanks for your quick response. Do you know , How long it will take to get receipt in case of online submission? Any standard format for cover letter?
Thanks
Phani
Do I need to give my details under part8 (preparer) in i539 For H4?
Phani,
Usually, if you are filing for someone that would be filled. If you are filling that for your dependents, then you can do that.
Phani,
It usually can take up to 15 days or so. With delays, it can be up to month as well now…Nothing special, we do not have any format. Just standard normal letter on piece of paper will do.
Thanks Kumar, I sent the application for my dependents on 4/20 and they were delivered on 5/1. Just on time.
Phani,
Good to hear !
Hi Kumar, I received the receipt number today. I think it is quicker than expected in current scenario.
Phani,
That’s good to hear. Yes, really quick !
Hi,
Ill be doing a one year accelarated Master’s program in a STEM course starting this June.
Im currently on H-4 visa ( visa expires on Sept 2021) and am willing to change my status to F-1 via form I-539 online. I had queries regarding the filling of the form.
In the section “Reason for Request” when I select ‘Change of status’ two more questions follow it, asking for ‘effective date of change’ and ‘status be extended until?’ . Effective date of change would be the course start date as mentioned in the I-20 ; What should I mention for the extention date? Should I include 3 years of OPT date as well and get an extension for 4 years? Or just mention the course end date?
If I have plans to do my PHD after this will I have to apply for extension again?
Also regarding the application processing time, since my course is for one year; Do you think my application will be processed before my course ends (June 2021)?
Latha,
Usually the second one is relevant for extensions. You may put in until the program end date and add in OPT time frame too. If you go for F1, usually they will give I-94 with D/S ( Duration of Status). The processing times are really unknown, check USCIS website. Discuss with your DSO on this before you pursue anything and plan accordingly.
Hello There,
I have helped my parents to file a 539 extension. The mail delivery date is April 10th, 2020 and I have also filed the G1145 form. I have doubled the address and it’s correct. However, I still have not received the receipt. Is this normal? What should I do? Thank you so much.
Best,
Ricky
Ricky,
Now with COVID, there maybe delays with the mail…usually, you should receive receipt in less than a month…You can contact USCIS customer service.
Hi admin,
I want to know how much time does it really take for i 539 processing as I am tight on time. Currently I am of F-1 Visa which expires on 2nd July 2020. After which I am supposed to be on J-1 Visa, for which I have scheduled the interview but I feel international travel will not resume until then. In such case is it better to file for i 539 change of status from F-1 to J-1.
suyog,
We do not know how long it can take. Many are waiting for at least few months. You can check USCIS website. Also, the Biometrics at ASCs are closed now, that also delays the process.
Hi,
Sincerely hope that everyone is doing fine in these torrid times. I wanted to know few details about extending parents B2 visa:
1. For online application, does system allow to upload all sorts of supplemental docs including I-94, passport copies, paystubs, bank statements etc? In summary, are there any set no of docs or it is up to applicant to upload all the necessary evidence that support the case?
2. About financial support, is it necessary to submit I-134 or paystubs and bank statements will suffice?
Subject matter experts advice/opinions will be very helpful.
Take care and stay safe!
Joseph
Joseph,
1. you should be able to. Did you try ? Do update here, if any issues or fine..
2. I-134 is optional. Pay stubs and bank statement should be fine.
Hello Dear Kumar,
I have a confusion and need your authentic answer,
If we apply for extension of status on b1/b2 visa and then stay for 2 weeks beyond my original authorized period and then left. What will happen to my 5 years multiple b1/b2 visa? What will happen if i try to re enter USA next time?
Thank you in advance
Sham,
This is slightly grey area… When you enter next time, you need to carry all documentation indicating that you left the country on time and did not violate anything. If your B2 extension is denied, then it gets complicated… As I said, it is subjective and grey area, talk to an immigration attorney.
I want to change my status from F1 to B2. I am on OPT (unemployment period) right now. What date should I put for the expiration date (15.b.)? Should I enter the date which comes after the end of the unemployment period? Also, what date should I put for the new status and effective date of change (Part 2 3.b)? Should it be the date just after the unemployment period ends or can I enter an earlier date?
Sum,
yes, your end of unemployment period. Just put in few days earlier than end date to be safe.
Hi there,
I would ask if my child’s H4 extension(co-applicant) case status is normal.
I am applying H4 extension with my child(co-applicant) and we both have done biometric in this Feb. But when I check the case status at uscis webstie, only my case have updated status (fingerprint has done). My child case’s case status is always as case received. I am not sure if the co-applicant case status would not get updated online.
Thanks
Vija,
Online status is very misleading, do not worry about it. Some users have the same status even after the final approval, so dont worry about it.
Hello,
I am a Jamaican citizen on B1/B2 visa and desperately in need of advice/help. I need to return home to my child and job but the borders are closed until May 31, 2020. My i94 expires on May 22, 2020, I saw that there was the ability to request for an extension but I do not have any money, I used up what I brought with me for my divorce and to buy food, so I jave no money whatsoever, I need to get back home but with the borders being closed my only option is to request an extension, but I have no money. I do not want to overstay. Is there any way to request a waiver of the i539 fee? I am desperate, please provide any information that you can. I appreciate it, thank you.
Hey Melisha, i am so sorry to hear that. I was in same situation few days back. I was confused either to apply for extension or not but as borders are closed so i had to apply. I searched thoroughly about fee waiver related to i 539. USCIS gives fee waiver for some forms but not for i 539 so unfortunately you have to arrange some money for that. You can wait till 15,16th may in hope of flights opening, but if not you can apply for extension then
Mellisha,
Sorry to hear. Honestly, I do not know. You can try to reach out to USCIS and ask, if you can get a waiver. Write to them or call them.
Hi, I’m going to file the I-539 for my parents. Their I-94 expires on 5/28 and they were planning to fly back to China on 5/20. Due to the current Covid-19, on 4/17 we were informed by the airline that our flights are cancelled. I realized that it’s less than 45 days before the I-94 expires.
Questions:
1. My parents have the B2 visa. Would it still help my parents to stay in U.S legally even I file the I-539 less than 45 days?
2. I noticed that we can file the I-539 online. But the online application only allows to file for one person. And I have to do the paper application if I want to file it with a co-applicant. So I wonder shall I file one application or two separate applications? Would it make a different for the application fees? I mean if I file one application with a co-applicant, do I pay $370 x2+ $85 X2? Or just one time $370 + $85 x2? They don’t understand any English, so I’m hoping they can do the biometric screening together.
3. Since the USCIS office is closed now, if I file the paper application, how can I keep tracking of the status? And how soon will I be notified for the biometric screening after I submit/send out the application? What if they couldn’t get the extension on time, what kind of proof can they use to prove that they can stay here legally?
4. I’m filing the application for my parents since they don’t understand English. Am I considered as interpreter? Or preparer? Or what? Where do I need to sign on the form? Will I be able to go to the biometric screening with them to do the translation as well?
5. On the USCIS website, it said it’s not guaranteed to get the approval of the extension. But due the Covid-19, I’m sure a lot of people are applying the extension too. So what’s the chance of getting the approval of the extension for a B2 visa? What if they don’t get the extension and there is no flight going back, what can my parents do? Will they affect their next time come to U.S.? Will they still keep their 10 years B2 visa?
Vanessa Gonzalez,
1. Yes, it is fine.
2. Do two separate applications online to avoid issues with mail and all the fee confusions.
3. I suggest you do the online. Yes, as you said, the problem is mail, tracking, etc. This is why online is recommended.
4. You are preparer and interpreter. Check the form, it has both. You would be the one on both.
5. yes, sometimes, it may take more than 6 months for decision…But, from your side, you applied it before expiration and you can wait until 6 months. Before that you need to plan to leave.
Thank you for your reply.
As you mentioned that I should extend my parents B2 visa separately, I have a few more questions.
1. When I file the applications online, should I mention that this application is together with the other one, or should I just don’t mention it at all? The reason I’m asking because I’m wondering if the USCIS can schedule their biometric screening together, just in case my parents need a interpreter?
2. I notice that I would need to fill out the I-134 to prove that I would support them financially . Do I need to creat an account to file that form? Or how can I submit the I-134 with their applications? And on the form, do I mention that I support both of my parents, or shall I do two I-134 for each of them?
3. For the written statement, shall I write two separate ones, or shall I write one and mention that it’s for both of my parents?
4. You said that it may take more than 6 months to get the approval. So once my parents I-94 expires, should they leave U.S. ASAP once there is flight available? Or shall they wait until they get the approval of the extension? And what can they use to prove their over stay is legal( if they haven’t received the approval before they leave the country)? Will that cost their trouble when they visit U.S. next time?
Thank you so much for your time.
Vanessa,
You can mention it and attach a cover letter stating that you are also submitting it for the spouse separately and request for getting the Biometrics together. I am not sure, if you need a seperate account for it. In general, I-134 is an optional document, usually you submit proof of funds…but, you can use I-134 too.
Write one letter and attach the same for both.
Yes, they should leave US as soon as flights become available. Your Submission Notice is the proof. Keep copy of all the documentation that you submit.
Also, any communication that you receive from USCIS after you submit.
If you are new to this, engage with an attorney and have it done using their help.
Thanks for your comments, Kumar !!
I’ve applied the B2 extension for my parents online and now waiting for Biometric appointment. I’m planning to send them back to India ASAP once the flight operation starts. Will there be any issue if I send them back to India without completing the biometric ? What is the next step on this situation ? or Should I ask USCIS to schedule an appointment in India or Should I withdraw the I-539 ?
Ar,
Should not be an issue. There is technically nothing that needs to be done. Just make sure that they have all documentation with them, when they try to re-enter. If you get a Biometric appointment before they leave, just attend it.
Hi ,
I have an urgent question.
I submitted H1-B transfer to USCIS on 3/26 /2020 and
I was already starting to work for new employer ( I transferred) on 4/1/2020.
However, I got laid off the company due to COVID-19 a few days ago.
When I checked my status on USCIS website, then mailed me RFE a week ago.
My current status got out of status now because H1-B transfer is not approved yet?
In the case, can I apply the change of status to B1 ? or else another better solution ?
Do I have to leave the state immidately?
it is because going back to my home country is very risky for me at current moment and there are almost nowhere to leave the country now, either.
I do not know what I should do… Please advise .
thank you !
Coco
Coco,
It all depends on your I-94. If it is still valid, you maybe able to go back to the previous employer and re-activate your H1B. Talk to your previous employer.
You can also apply for COS to B2 and leave the country, when you can travel out.
Also, discuss with attorney of your current company or general attorney and then take informed decision.
Hi Kumar,
I have filled my COS f2-f1 on march 19,2020. However after submission the form i-539 I found out I have made a small mistake. In section 15.b (page2) i gave my non immigrant status expiration date according to my f2 visa expiration date. I have granted D/S and my i-94 do not have and expiration date. In this situation what can i do?
Farjia,
Well, I am not sure, if it will impact…I suggest you call the USCIS help line and check with them. Worst case, you can always file a backup petition now indicating the reason for re-filing, that way you do not miss out on the mistake.
Hi,
I filing extension H1/H4 after i140 approval. My spouse has a valid EAD(H4). While filing i539 form, Q2, what should I enter Alien number(A #) as?
Thanks
Hi,
Thanks for your useful information. So I just want to confirm even with the biometric, we still can file H4 COS and H4 Ead together with H1B extension, correct?
I am currently with STEM OPT, which expires on May 20, 2021. My wife is with her H1B, which expires on July 10, 2021. She is processing her perm now. Let’s say she got the I-140 form approved in October 2020.
Case 1: if I do the H4 cos and H4 EAD together for myself, how long will this take? in this case, I guess my H4 will have the same expiration date with her current H1b as July 10, 2021, correct?
Case 2: I checked she can only start to file her H1B extension as early as of Jan. 10, 2021. If I do my H4 COS and H4 EAD with her H1B extension, then it might be faster since she can have her H1B extension PP, correct? If so, should she do the H1B pp when submit the application or wait the PP after I finish the biometric appointment?
Another question, when do you think it will be a good time to do this F1-H4 COS? I know we can put a futer effective date on H4 application (i-539 form), but how can I control the start date of H4 EAD?
Thanks for your reply. I really appreciate your help.
Stay safe and healthy during covid-19.
Rakesh Upadhyay
Rakesh,
Yes, you can file together.
1. There is no estimated time as the processing times are really long…can be 6 or more months for some locations. Yes, it will be same expiration as H1B.
2. No, it will not be faster, they do not process all in premium anymore…
Yes, you can put in future date… The trick is maintaining your F1 status until that happens. Plan out dates accordingly.
Hi Kumar,
Thanks a lot for your reply.
so you mean even doing the PP for H1B extension together with H4 and H4 EAD, they still will just process H1B as PP, and do the H4 and H4 Ead as standard process, correct?
How did we control the start date of H4 EAD card? or is this determined based on USCIS’s approval date?
Thanks.
Yes H-4 and H-4 EAD will be processed normally. Also start date in the form is just a formality. The date is determined by USCIS whenever they approve the petition. They don’t look at the start date in the application. This is from my personal experience and also from others experience in different forums.
Hi Raj,
Thanks a lot for your reply.
Let’s assume I put May, 01, 2021 as my future H4 effective date in the form i-539, but the H4 EAD is approved on Apr. 01, 2021. Although it is not my H4 effective date yet, does this still mean both my H4 status and H4 EAD start to be effective on Apr. 01, 2021? which also means I have to stop using my OPT EAD on this date?
Thanks for your help.
Rakesh,
Your H4 EAD date will be based on your H4 approval date, if they are approved before…So, this situation would not happen.
Rakesh,
Yes, this changed with the biometrics process. Previously as courtesy, USCIS was doing it, but now they stopped it.
You can specify the H4 date in it, it is part of the I-539 form, that will determine the EAD start date as well..If approved before the date you put in, then you control it…If it gets delayed and goes past, then it is the date when USICS actually approves it.
Hi Kumar,
Thanks for your reply.
So you mean, if the EAD approval date is earlier than the specified H4 date, I can choose either one? With the approval of H4, will it necessarily terminate my current OPT? or it still can be waiting until my specified H4 date?
Thanks.
Rakesh,
No, you cannot chose to work on H4 EAD without being on H4 and H4 being effective. Yes, your status will change to H4 from F1, so OPT and F1 status is not valid then. You can try to use F1 OPT, as long as you have valid F1 status and OPT is valid, while you wait. talk to your DSO and plan it.
Hi Kumar,
Today I received form i-797c after 15 days of my first submission in my mail box stating its a receipt for my i-539 filing of CO2 f2 to f1, . There is nothing mention about biometrics. I know that the biometric center is closed. Do they send another notice to me about my biometric appointment when the center again open? What should I expect now?
Farjia,
Yes, they would send another Biometrics Notice. Check Sample H4 Biometrics Notice Letter
Well, you need to wait for USCIS on how they would handle it as their offices are closed for Biometrics now.
Hello,
I want to apply for an extension to my husband who is now on a B2 visitor visa that expires July 15th of this year. I am applying for extension for an important event that he has to be present in, and also because of the Corona Virus situation going on now . I checked the immigration site and it said that they are currently working on November 19th of 2019. Is it worth applying for? will we have enough time for them to respond before his stay expires?
He does not was to overstay after his visa expires.
Thanks
sam,
You should apply for it, if your husband cannot travel out of US, before the expiry. You may not get approval before he leaves, but it gives him some paperwork to stay in country stating that he was in period of authorised stay.
But what’s the point if he will leave and not be able to use it? The event is August 1st and his visa expires July 15th. So I was wanting him to stay to attend with me. Also his I-130 is still in process so I don’t know how long it’s taking now.
Do you think we’ll be able to get an answer before his visit expires?
Sam,
You need valid documentation to stay in America, even if you are waiting. If let’s say anyone from ICE does a raid and if you do not have proper documentation, you can be deported as you do not have proper documentation…
Hi Sam ,
You mentioned that you checked immigration site and found out that they are still working on nov 2019 application ? where is that site, can you send us a link, Thank you is much.
I am in the same boat, I am applying for B2 visa extension and wondering if USCIS will reply to me, my I 94 is expiring on April 23, 2020.
I’m on B2 which expires on 06/10, my airline informed that my flight on 06/09 has been cancelled due to Covid19. Have applied online I539 for extension of stay on 03/27 and got a receipt. How much time it will take for my bio-metrics and over all how much time it will take for processing I539.
If the airlines starts the flights early I will go back, even if my I539 is under process, if I do that will my next visit to USA will there be an issue.
Ismail,
Currently, the Biometrics cannot be given as USCIS offices are closed. Read USCIS COVID-19 Updates
Yes, you can go back. You just submit a withdrawal notice and exit. It will not be an issue, if you exit early. Read How to write Withdrawal Letter USCIS
Im currently having my H1B denied on 03/20/2020 and I94 expired on 10/06/2020. I m unable to leave US due to pandemic and no flights to India. what are my options?
Can I try and file i539 COS to B2 and will it help to make my stay legal?
how long before does the decision arrive?
Can I try and file H1B extension under nunc pro tunc for the special situation of covid-19?
Also, in parallel, Can I apply for H1B new cap exempt petition with Consular processing?
Hi, I apply I-539 for my wife from F1 to H4 on 3/24/2020. Her OPT status expires on 7/10/2020. Can she stay here legally even if the I-539 has not approved yet? Thank.
Fick,
Yes, she can as long as it was filed before I-94 expiration and she was maintaining propers status.
Hi Kumar, Thanks for the summary of information above. I have similar question in reference to the F1 to H4 conversion. F1 opt is ending in Sept2020 (currently working fulltime for a company) and we have submitted I-539 COS and I-765 ead together along with H1b extension in premium. H1b extension got approved and H4 biometrics got scheduled for Mar18th ! Unfortunately usics office was closed and now it is on hold. Can Usics use biometrics from port of entry since we came back to USA just back in January after H1b and F1 visas stamped during our visit to india? Thank you
Satya,
They may not be able to use it at the moment. This is the big issue…Hopefully USCIS update us that they would consider, at this point, nothing you can do.
Hi,
My H1b is expiring by Nov 2020 and my wife’s H1B is expiring by August 2020. Can I do online I-539 for her to do COS from Sept to Nov 2020?
Do we get any receipt while we do online?
Also when I do my extension from Nov 2020 I am planning to file another I-539 for her to be on H4 along with my H1 B application, do I need to mention her COS,since the COS was supposed to be only until Nov 2020, wont that be a new H4 along with the new H1 and not COS?
Rakesh,
You will just be able to submit the form and get communication online, check https://www.uscis.gov/i539online. You can only do it, if you are a single applicant.
Yes, you need to do that. The best thing to do is file for both together, talk to your employer and see, if you can do it before to avoid confusions.
Hi, My son is 8 yrs old and he is in L2 Visa. His i94 is expiring on May 2020 because of this Old passport expiry date. Now his passport is renewed. My L1 Visa and dependent L2 Visa is valid till August 2020. And due to my L1B maxout period, we will be leaving country on July 2020 for good. So my question is:
-> Is it mandatory to extent i94 for my son for 3 months ? (even we have valid visa for all the members)
-> If yes, Can I apply i-539 online for my son’s i94 extension without hiring Attorney.
-> Is bio metric mandatory for him. What happens if we just skip the biometric test since we are planning to stay only 3 months.
Thanks in advance.
Pjaya,
Yes, you should. If you do not have I-94 extended, his stay is technically not valid and he is considered out of status from the day his I-94 expired.
You do not need to apply for I-539 again, you can go to a CBP office and get it extended. If you have the approval valid for him till end of August, then you can just get I-94 extended. Read How to extend I-94 with New Passport
Hi, My wife is on H4 visa and currently she wants to change her status to F1 as she got admit from a university. I have following questions –
How soon she have to apply for CoS?
How long does it take to get the change of status approved?
What are the chances of getting it approved compared to visiting US consulate in other country?
Pankaj,
Sooner the better…it takes a very long time for the F1 Visa COS.
Check USCIS processing times…
Usually, it is better to get COS done. In general, the risk with Stamping is that you are moving from Dual Intent Visa to Non-immigrant Visa and you need to prove non-immigrant nature during stamping, that would be tricky…
I have question regarding B2 visa extension for my parents.They came to US in October and they are supposed to return back to India on April 15th, but due to covid 19 outbreak i am planning to apply for their extension.
1. How soon i have to apply for extension?
2. Can i file online for both my parents ? or is it separate application for each applicant?
3. How long i am going to get extension based on that i am planning to change their return tickets.
4. Do they have to go through bio-metrics as well?
Shilpa,
You should apply it immediately as the situation is bad. Best case, if things ease out, they can leave and you can withdraw it.
It would be seperate application for both. Check USCIS site
Well, this is something you need to explain asking for few months based on the current ban on travel, India not allowing, etc.
Yes, it is required…
Thank You Kumar.
One more question i have is – Do i need to submit I-134 along with B2 visa extesion?
shilpa,
Usually not needed. It is an optional document that is used when you enter. Call USCIS and confirm.
How does this impact L2 spouse who is in Canada? My husband is waiting for his renewal to be approved. What is the process for me to renew my L2 status?
Thank you
Sarah,
Your status is not L2, when you are in Canada, You will only get it when you enter US. Now, in your case, if you get visa stamping, you do not need to file the form I-539 as you would get stamping done. the form is only applicable, if you are in US and applying for extension.
I did a visa extension with I539 in the month of October 2018 in March 2019 came the answer with the denial. Now that in March 2020 I received a letter from UICIS saying that I have to do biometrics and photos, my wife and I, our 7 year old son did not receive it. A number appears on the letter with A #. This is for biometrics, or for deporting us. Should I attend or not, if I don’t attend what happens?
Tiago,
Did you file any forms recently after the denial ? Have you overstayed ? If so, talk to an attorney.
Can we file both I-539 and I-539/A online using USCIS account for my Spouse (Change of Status from B2 to H4)
Khan,
Yes, you can. Check https://www.uscis.gov/i539online
Hi,
I filled for COS f2 to f1 march 19,2020. On march 27,2020 USCIS deducted the application fee from my have. However I still not recevied any text,mail, email from USCIS about they received my file. Do I need to do about the situation or in general It’s normal
Farjia,
If they have deduced fee, it is positive. Now with the current situation, it is tough for processing, so it may take time. Give it a week or two… Then given them a call, if you dont get it.
Hello,
I am H-1B worker at a University. Last year October, I filed for extension for 3 years under premium processing and got it approved within a week. Then came my wife’s H-4 extension, for which we filed I-539 form and got her biometrics done on November 08, 2019. Since then her application status online says “fingerprint were taken’. Its’ been already more than 3 months now and we are not sure how long will it go to see the case approved. Our visas are expired. We are planning a trip to India but not sure if she would be allowed to come back considering the risk associated with visa renewal thing.
Manish,
It can take much longer too…She can comeback, if she gets stamping. Read Travel out of US when H4 Pending
Thank you for your response.
But what are the chances that she won’t be given visa without I-539 approval?
Manish,
Most of the H4 stampings do not carry approved after filing I-539 as they are coming from their home country, so it does not matter…I-539 filing is done only to extend your status in US.
Hi, i am on B2 visa and my permitted stay is uptil 23rd april. Due to corona virus all flights are cancelled so i am planning to file i 539 today. My question is what if i file the i539 and while waiting for the verdict of application to come,i leave USA and withdraw my application, the period i stay from 23rd april untill i leave USA will be considered overstay?
Zarsham,
It may not be counted as overstay, it will be classified as Period of Authorized stay.
Thank you so much for your reply. So it will not be considered overstay, and my 5 years multiple visa will not be cancelled right?
Zarsham,
Yes. It maybe considered cancelled, if your B2 extension is denied…But, now as this is exceptional situation, we do not know how USCIS will handle it.
Hi, I filed an i-539 for my in-laws last week on 02/03 to extend their B2 visa, due to the fact that most flights between China and the US have been cancelled because of the outbreak of coronavirus.. However, I’ve not received an e-notification yet about the acceptance of the package yet.. We can for sure wait longer, but the last day of the their visa is 02/24. What if the notification comes in later than this date? I know if the status of the case is pending, they can stay in the US for further notification. But the status right now is not even pending yet I guess… So should we just need to wait?
You can wait and see if your check gets deducted by Feb 18th or 19th and then you can take a decision. As far as I know if USCIS receives the docs before I-94 expiry then they are good to stay.
I have a receipt from USPS saying the package was delivered to the Lockbox in Dallas on 02/06. I can use this receipt as a proof that USCIS has got the package. Correct? Right now this is the only thing I have with USCIS… No e-notification, or case number, whatsoever…
yumi,
Try to call USCIS, you should have got the package receipt as well, that could be treated as your record of sending. I also suggest you speak to an attorney and then plan out…Usually B2 extensions are hard, this would fall under one of the humanitarian aspects of USCIS for considering a request….
Do a form 1-539 gives you a green card?
No.
Hi, My Mom filed for I-539 extension of stay in October 2019 since her tourist visa will expire on February 20, 2020, at the same time, we filed for her change of status to immigrant visa. She had her biometrics done for her adjust of status in November 2019. My question is, why do they ask my mom to have another biometrics for the I-539 extension of stay? Do they need a separate biometrics for that while she had it done 2 months ago? Thank you..
Yvette,
Yes, they do it every time…I know people who did it after 2 weeks as they did transfer to other employer…It does not sound logical, but that is USCIS Process…You need to do it again, if you got the letter.
Hi!
I filled i539 to renew my L2 visa and my i94 expiration date is July 23. I don’t think I will get a response before that but I have booked a trip to my country and would be coming back after that date. Is there anything I could do? Could I do something in the us consulate in my country?
Thanks
Cristina,
You can renew L2 using L1 approval notice of your spouse. Check How to get L2 Visa Stamping – Checklist
You can submit withdraw letter to them as you will not need it, when you exit the country. Check Sample H4 Withdrawal Letter, you can use it for L2 as well, just fill in L2 info in it.
Thank you very much for your response. I will give you more details:
My husband renewed his L1 on January in the us embassy in our home country but we (me and my children) didn’t go with him that’s why we are on this process now. Now my L2 status and my work permit expire on July 23 but I don’t think I will get an answer from Uscis before that date and I need to travel abroad this summer. As I already started this process, could I go to the us embassy in my home country and renew there my L2? What would happen with my work permit application? Also, I read something about going to the Canadian border to extend my I94 with my husband’s L1? Could you please give me some advice?
Thanks
Cristina,
Yes, you can do that.
Regarding the L2 EAD, it maybe processed as it was filed normally….having said that, there were couple of cases, where it was not processed too…
The extending I-94 may not work for you, that is only for I-94 corrections or passport expired and renewed cases.
Your options are to apply for Extension inside USA or get stamping outside USA.