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Thread: Urgent help needed: H4 expired and need to file I-539

  1. #1
    My H1 expired on Feb 16 2004 and my company filed for the extension in Nov 2003. I finally received my I-129 today which is valid until 08/19/06. I need to file my wife's I-539 for extension since her visa and I-94 expired on 02/16/04. It was in my knowledge ( and I was wrong) that I can apply for the extension once I receive my H1-B extension approval. I found it out when I downloaded the I-539 form and read the instruction on how to apply which states the following:

    ===================================================

    When and Where to File.

    You must submit an application for extension of stay or change of status before your current authorized stay expires. We suggest you file at least 45 days before your stay expires, or as soon as you determine your need to change status. Failure to file before the expiration date may be excused if you demonstrate when you file the application that:

    - The delay was due to extraordinary circumstances beyond your control;
    - The length of the delay was reasonable;
    - you have not otherwise violated your status;
    - you are still a bona fide nonimmigrant; and
    - you are not in removal proceedings

    http://uscis.gov/graphics/formsfee/forms/i-539.htm (read page 4 of instructions)

    ==================================================

    My question is, Should I go ahead and just apply for it or should I attach some other documents?

  2. #2
    My H1 expired on Feb 16 2004 and my company filed for the extension in Nov 2003. I finally received my I-129 today which is valid until 08/19/06. I need to file my wife's I-539 for extension since her visa and I-94 expired on 02/16/04. It was in my knowledge ( and I was wrong) that I can apply for the extension once I receive my H1-B extension approval. I found it out when I downloaded the I-539 form and read the instruction on how to apply which states the following:

    ===================================================

    When and Where to File.

    You must submit an application for extension of stay or change of status before your current authorized stay expires. We suggest you file at least 45 days before your stay expires, or as soon as you determine your need to change status. Failure to file before the expiration date may be excused if you demonstrate when you file the application that:

    - The delay was due to extraordinary circumstances beyond your control;
    - The length of the delay was reasonable;
    - you have not otherwise violated your status;
    - you are still a bona fide nonimmigrant; and
    - you are not in removal proceedings

    http://uscis.gov/graphics/formsfee/forms/i-539.htm (read page 4 of instructions)

    ==================================================

    My question is, Should I go ahead and just apply for it or should I attach some other documents?

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