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Filling I 539 COS from H1 to H4 queries

Carnegie, PA |

I am applying to COS from H1b to H4 and filling form I 539 online. I have some questions about this. I filled for i 485 as dependant on my husband application. I received receipts related to it too. So what will be answers for these three questions and what explanation do i need to provide.

Are you, or any other person included on the application, an applicant for an immigrant visa?

Has an immigrant petition ever been filed for you or for any other person included in this application?

Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?

Do i need to enter my spouse working details anywhere in the form or i just need to send his I 797 and paystubs along with my application.

Attorney Answers 3


  1. Talk to an attorney. If you filed an I-485 you should not be filing an I-539.

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


  2. I think you are mixing form numbers up. You should speak to an attorney.


  3. It is not clear why you would need to change status to H-4, especially if you plan to work on an EAD based on your pending I-485. But if you ifle an I-539, the answers to the questions on the form are self-evident. An immigrant visa is something you apply for through the National Visa Center and a U.S. consulate or embassy. Are you applying for this? An immigrant petition is filed to seek an immigtant visa and permanent resident status. Has one ever been filed for you? Have you ever filed an I-485? You say you did, so you know the answer to that question too.

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