Need help filing I539 COS H1 to H4

Asked 12 months ago - Norristown, PA

My H1 visa is expiring on September 18,2013.
My perm has been filed in the sixth year of H1 Visa in April 2013 but is still in Process,
I am running out of time and about to apply for I539 COS to H4 on my Husband's H1B.
I have only 35 days more before my h1 is expired and ( they said that i need to file I539 atleast 45 days before it expires). do any of you know if it will be a problem.
i also need answers to the below,"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?"
My perm has been filed but is still in process and i140 has not been filed yet so do i need to say yes or no to these questions?
Any help is appreciated.
Thank you.

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . You need to consult with an experienced immigration attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. Irina Kogan

    Contributor Level 16


    Lawyers agree

    Answered . You have to answer all questions truthfully. The 45 days requirement is not really a requirement but a suggestion from the best practice variety. You can file any time prior to expiration of your H1B.

  3. Alexander M. Ivakhnenko

    Contributor Level 20


    Lawyers agree

    Answered . You are welcome.
    Personally, I have noted a troubling recurrent pattern as follows: an overwhelming number of foreign nationals seeking H1B are placing a barrage of very complex questions attempting to complete that elaborate process groping around in the dark, when the very first thing they need to do is retain one competent immigration visa attorney to avoid mistakes, omissions, delays and denials.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
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