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Need help filing I539 COS H1 to H4

Norristown, PA |

Hi,
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. You need to consult with an experienced immigration attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. 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. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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