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pal2009
10-10-2009, 12:51 AM
Hello
my husbands employer is filing for his H1B extension,(for another 3 years of extension)
alongwith I want to file my and my daughters H4 extensions also but their lawyer charging big fees.
My question is
Once my husband's h1b extension is filed and the decision is pending with USCIS, can I file my H4 extension separately?
what reference I shall give in my H4 extension application (H1B application receipt number?)

Can I do this on my own?
what form I need to fillout?

Any help is highly appreciated!!

Ami

roseball
10-10-2009, 01:02 AM
Hello
my husbands employer is filing for his H1B extension,(for another 3 years of extension)
alongwith I want to file my and my daughters H4 extensions also but their lawyer charging big fees.
My question is
Once my husband's h1b extension is filed and the decision is pending with USCIS, can I file my H4 extension separately?
what reference I shall give in my H4 extension application (H1B application receipt number?)

Can I do this on my own?
what form I need to fillout?

Any help is highly appreciated!!

Ami

Yes, you can file your daughter's and your H4 extension on your own. No need to go through any lawyer. Infact, you can file this online once your husband's H1 gets approved. You need to file form I-539. You can file this online, only if you are currently on H4 and are requesting a H4 extension. You can do a google search on I-539 e-filing and you will find all the info you need on USCIS website. You can do a paper filing as well if you dont want to file online.

ImmigrationAnswerMan
10-13-2009, 07:29 PM
Ami:

You do not have to wait for your husband's petition to be approved to file the I-539. You can file while your husband's petition is pending. You just need to include a copy of the receipt notice from your husband's pending H-1B petition. You also need to include proof that your husband is your spouse, and the father of your daughters, and proof that you all have been maintaining status.

If you are nervous about filing yourself, there is no reason why you can't hire your own attorney to file your H-4. You may be able to find an attorney to handle the application for you at a cheaper cost that your husband's current attorney. This will not interfere with your husband's representation by his attorney.

Ari Sauer

* The information contained here is of a general nature and should not be relied upon without first consulting with an experienced immigration law attorney. Immigration laws and practices change frequently. This information is not intended to create an attorney-client relationship.