US Green Card Basics: Application of I-539 and I-129 form reply to new posts

US Green Card Basics: Applications for I-539 and I-129 tables released: 2011/07/25 8:43 AM Reference

I-539, is a form similar to balm.
Whether you want to postpone or change your identity, whether you're B-2 to F-1 or H-1 to F-2, it's all about it. The only thing it can't do is to go to H-1, or H-1 postpone and change the employer. That is the duty of I-129. After coming to the United States, the students who did not fill out the I-539 form are probably rare. Who hasn't changed his identity? F-2 changed into F-1 to read, H-1 was laid off to become H-4. Also, parents of adults to visit relatives, nine out of ten to stay for a few more months, is not it?
Before we go to class, please download the I-539 form (Rev. 07/30/07) application to Extend/change nonimmigrant Status and fill in the instructions. Single application only need to use the first three pages of the table, the last page can be filled with the other five people apply. Application fee (as of 9/1/2007). In addition, this table can be directly efiling.
Part 1. Information about you.
Name-Middle is left blank after the last name
Address-in Care-Fill in your friend's name, if you use someone else's address to turn
Country of Birth-"P.R. China"
Country of citizenship-"P.R. China"
U. S. Social Security # (if any)-social security No then leave blank
A # (if any)-no then leave blank, see note
Date of last arrival into the U.S.-entry date, fill in the entry Time I-94 card to find * * * *. such as "12/29/2006"
There are Cos/eos, the following information is on the i-797a I-94, otherwise see the entry of the I-94
I-94 #-Upper left corner number, handwritten or pre-printed, 11 digits long
Current nonimmigrant status-existing status, such as F-1, B-2 etc
Expires on (mm/dd/yyyy)-Valid stay period, (on the I-94 of entry) is usually handwritten. such as "12/29/2009", F-1/2 fill "d/s"
Even if there is an OOS, do not confess here. For example, H-1B was laid off, not here to fill out the dismissal date.
Part 2. Application type.
1. I am Applying for:
A [] an extension of stay in my current status-deferred
b [] A Change of status-convert identity
The new status I am requesting is:-Fill in the next identity, such as F-2, H-4 etc
c [] Other:-(no use)
2. Number of people included in this application:
A [] I am the only applicant-I
b [] Members of my family is filing this application with me-myself and a member of the family
The total number of people (including me) in the application is:-The amount of people (with their own), such as "2" represents themselves and the leadership of two individuals to apply for
Part 3. Processing information
1. I/we request, My/our Current, or requested status be extended until (MM/DD/YYYY):
Extension, fill in the desired period of stay. such as "02/24/2008"
For F-2, you can fill in d/s or I-20 on the expiry date, J-2 see ds-2019;h-4 According to LD's I-797 Approval Notice.
2. Is this application based the extension or change of the status already granted to your spouse, child or parent?
Is this application based on an identity change or extension that has been approved by the dependent spouse, child or parent?
[] No-no
Independent identity F-1, B-2 etc all is No.
For dependent, if your LD current identity (f-1/j-1/h-1), after the return of foreign countries, directly took the F-1/j-1/h-1 visa entry, is "No"; If your application is based on an LD's pending identity, whether or not its current identity is Cos/eos, or "no".
[] Yes-yes
If your LD's current identity (F-1/J-1/H-1) is converted to or deferred from within the territory, and your application is based on the current identity of LD, fill in "Yes".
USCIS Receipt #-select "Yes" to attach the application receipt number, such as "eac-07-101-10101" after the change of identity or extension.
3. Is this application based in a separate petition or application to give your spouse, child or parent an extension or CH Ange of status?
Is this application based on a change or extension of the identity of the spouse, child or parent who is attached to the application?
[] No-no (see 2)
[] Yes, filed with this I-539-yes, and its application is now being delivered together (as with I-129)
[] Yes, filed previously and pending with USCIS. Receipt #:-Yes, but the application has been submitted pending approval, then attach the application receipt number
4. If you answered ' Yes ' to Question 3, give the name of the petitioner or applicant:
If question 3 answers "yes", please list the applicant's name.
If it's H-4, don't forget that H-1 's applicant is a company, not a leader.
If the petition or application is pending with USCIS, also give the following data:
If the application has not been approved, please specify the application centre and the date of application
Office filed AT-CSC, NSC, TSC, VSC one
Filed on (mm/dd/yyyy)-Fill in Receipt date
Part 4. Additional information.
1. For applicant #1, provide Passport information: Passport information for applicant one
Country of issuance-issued by country, fill in "P.R.China"
Valid to: (mm/dd/yyyy)-Passport validity
2. Foreign Address: Fill in the foreign address
Street number and name-street names and numbers
Apt. #-Apartment No.
City or town-municipal
State or province-province
Country-Country
Zip/postal Code-ZIP code
3. Answer the following questions. If you answer ' Yes ' to any question, explain on separate sheet of paper.
Answer the following questions, there are any "yes" answers please attach another paper description
A. Is you, or any other person included on the application, an applicant for an immigrant visa?
Have you or any applicant applied for an immigrant visa? (If you are applying for an immigrant visa at a U.S. Consulate-CP)
B. Has a immigrant petition ever been filed for what is the other person included in this application?
Do you or any applicant have an immigration application? (Did you pay i-130/i-140?)
Answer "Y" classmate, also have to enclose a sentence: I-130 (or I-140) was filed/approved/denied on Mm/dd/yy (notice/approval/denial Date) with receipt# xxxxx
C. Have a Form I-485, application to Register Permanent Residence or Adjust Status, ever been filed Person included in this application?
Did you or any of the applicants fill out the I-485 form for identity adjustment? (Did you pay I-485?)
See above questions
D. has you, or any other person included in this application, ever been arrested or convicted of any criminal offense sin Ce last entering the U.S.?
Have you or any applicant ever been arrested or convicted after entering the United States?
E. has you, or any other person included in this application, do anything that violated the terms of the nonimmigrant s Tatus.
Do you or any applicant have a non-immigrant status violation? (Identity expired, illegal work, etc.)
F. Is you, or any other person included in this application, now in removal proceedings?
Have you or any of the applicants been expelled?
G. has you, or any other person included in this application, been employed in the U.S. since last admitted or granted an Extension or change of status?
Have you or any applicant ever worked in the United States after the last extension or change of identity?
Part 4. Additional information. Page for answers to 3f and 3g.
If you answered ' Yes ' to Question 3f in Part 4 on Page 3 of this form, give the following information concerning the Remov Al proceedings. Include the name of the removal proceedings and information on jurisdiction, date proceedings began and status O F procedings.
If you answered "yes" to question 3f, please describe the expulsion.
If you answered the "No" to the Question 3g in Part 4 on Page 3 of the This form, fully describe how is supporting yourself. Include the source, amount and basis for any income.
If you answered "no" to question 3g, please attach another paper explaining how you will feed yourself, including the financial source, the amount and other income.
such as: My spouse, (name here), was employed as (job title) in (company name) with annual incoming of $12,000, which is Sufficien T to support the family.
Or I have savings of $5,000 on bank account which would cover living expense during stay in the states.
If you answered ' Yes ' to Question 3g in Part 4 on Page 3 of this form, fully describe the employment. Include the name of the person employed, name and address of the employer, weekly income and whether the employment was SP Ecifically authorized by USCIS.
If you answered "yes" to question 3g, please indicate the work, including the employee, employer's name and address, weekly wage, and whether the work is approved by the USCIS.
Such as: I was employed by (company name) located at (company address here) with a weekly incoming of $1,000. The employment is approved by USCIS with receipt# (H-1/ead receipt# here).
Part 5. Signature.
Signature-Your signature.
Print your name-name block letters
Date-Dates
Daytime telephone number-phone numbers
e-mail address-e-mail
Part 6. Signature of person preparing form, if other than above. (Sign below.) This form is filled by the person, the person who fills in the sign
Signature-Fill in the signature of the person
Print your name-the name of the person in block letters
Date-Dates
Firm name and address-firm name and addresses
Daytime telephone number (area Code and numbers)-Telephone
传真 (area Code and number)-Fax numbers
e-mail address-e-mail
There are a wide range of visas in the United States, and our focus is on common b/f/h/j. The extension or identity conversion is carried out under the non-immigrant category. So, once you have a tendency to emigrate, unless you're a H-4, you're going to hit it from the muzzle.
The determination of immigration tendency is from the question that you answer. For the third question in part fourth, the first three if you answer any of the "yes", the teacher thinks you (except H-4) do not submit the application, it is purely in the water to throw money.
A family member who meets the following conditions may jointly submit an application:
If you are now in the same position, or if they are attached, then you and your spouse, as well as unmarried children under the age of 21, apply for the same extension or conversion status and can jointly submit an application.
One application, paying only one fee, no matter how many people apply at the same time. Only the main applicant's information is on the receipt.
The teacher is here to give a few common examples.
You are the new H-1, then your wives and sons and daughters will be able to use the same form to go to H-4.
Also, you can put both of them on the same application, even if they are not signed at the same time, or if they are not in the same position. Because on the same form, parents have to postpone to the same date, and that is the early one.
You changed a school, ready to change the original DS-2019 to I-20, so your J-1 to become F-1, and your LD (LD is who?) J-2 into a F-2. Can you share a form in this case? The teacher did not agree, but some students did so. I do not know how to indicate the status of F-2 in the schedule.
The following teacher is talking about the material problem.
In general, the support materials that apply for extension/transfer of identity are equivalent to the materials that apply for such visas, and more to prove that you are now legal. Therefore, we should consider these two aspects. The first step is to prove that you are not violating your current identity, and to prove that you meet the requirements for a new identity to be postponed or to be converted. If the application is based on dependency status, it is also necessary to prove its dependency relationship.
Take a look at a few common examples:
1) Extension of B-1/2
This kind of family visit, both public and private B visas, no other immigration documents, so just a mouth to speak. You can say what you have done during this time. B-1 can talk about your tolerance, B-2 talk about it, and emphasize that there is no illegal work and other violations. Your status is just fine.
How to persuade USCIS to approve your extension? The first thing to show is that this extension application is unexpected, without any warning. For example, you accidentally met a VP, want to talk about the good, about to see the CEO, and the CEO is still on vacation/study abroad, and so on, one or two months to be free. There is a reason for your B-1.
B-2 Better said, the child recently study/work busy, no time to accompany us out to play, his project two months after the knot, and then only empty. Or you have sprained your feet, you haven't been down for two months, now you have to make up your time.
Whether it is the B-1/2, but also to say that you return to the determination and assurance, the original visa when I said're told not mistaken. The return ticket is a killer ravine.
Note that your B-1/2 's I-94 is usually valid for half a year. If you have recently entered the application, it is a typical "non-immigrant" violation. Ten to one it will be rejected. Please be patient, what to do, and when it's one-third left, it's not too late to apply. Also, parents come mostly for the flowers of the motherland. Although you know, but you must not put this reason honestly written up, it is bad.
B-1/2 's application, your cover letter is the most important. The following points need to be elaborated:
1) Reasons for the application
2) to demonstrate the temporary nature of the deferred stay, including any arrangements to leave the United States
3) Any effect of extension on your work and residence abroad
Usually, B-2 is a valid multiple entry for one year. When your B-2 is rejected, if your visa is still valid, go to Canada or Mexico and then re-enter, hoping to get a new six-month I-94 card, like the parents of the classmate. Of course, the same is true of direct entry and exit without applying for extension.
Two related questions about the B-2 extension:
1) has been extended in the territory for six months, can it be extended for six months?
2) can it be postponed one year at a time?
Here's the answer (yes, I can).
Some students parents of B-2 postponed, but parents anxious. Now the problem is that the original I-94 with I-539 to the Immigration Bureau, no I-94 can leave?
Yes, see the article "I-94 card".
2) F-1/2
Prove F-1 validity of the document is I-20, whether you are F-1, or to go to F-1, can not without it (into the F-1 when the original, when the copy can be out). In addition to I-20, you'd better prepare your diploma, note the timetable, transcripts, and so on. For F-2, there is a marriage certificate/birth certificate to connect you to your spouse or parent, in addition to a copy of the F-1 I-20. Only when you are on a lone visa does F-2 have to be I-20 alone.
3) H-1/4
The immigration Bureau sees the illegal work very heavy, so H-1 's Approval Notice is essential. In addition, your paystubs, W-2, tax Returns or Employment letter can be a good indication of your identity. For H-4 is relatively simple, with a spouse of I-797 plus marriage certificate or birth certificate is OK.
4) J-1/2
See F-1/2, just change the valid file to DS-2019 (old revolutionary is IAP-66). Also, if you need 2 year waiver, be clear about yourself.
The teacher reminds the students to note that you have to provide two identification material, but do not care about one end.
In addition to the different materials above, all I-539 also need to provide passports and I-94 cards. Photocopy of the passport and visa on the first page, the above mentioned in addition to the H can be handed copies, b/f/j to I-94 original. If the I-94 card is not there, you will have to fill out a I-102 form (and fee) to accompany it. At this time, I-102 and your I-539 together. Also, your I-539 can be handed in with I-129. Please check that the various forms are separately attached.
Your I-539 application should be submitted 45 days before the expiry date. If the following conditions are met, they can be submitted after the expiry date:
1) The delay is due to extreme circumstances that are not under your control;
2) The time of delay is reasonable;
3) The applicant is not otherwise violated;
4) You are a non-immigrant as false, and;
5) You are not in the expulsion list.
As a general rule, you can rest assured that your application is handed to USCIS before it expires in I-94.
I-539 applications are usually sent to different processing centers, CSC or VSC, depending on the place of residence. The only exception is that H-4 's application is sent to the receiving center (found on I-797 approval/receipt Notice) that corresponds to the original H-1 of the main applicant, or is submitted with I-129.
However, a classmate (special thanks to Taotaomao) reported that H-4 application in accordance with the provisions sent to NSC/TSC, there is a return of the situation occurred, and finally in accordance with the residence of the CSC or VSC to be accepted. Whether this is with the NSC and TSC has ceased to accept the I-129 application (indicated by Form I-129 instructions (Rev. 07/30/07) Page: "Where to File?" In the right Column) is unknown. Remind the students to pay attention to this point.
If your I-94 expires in the application pending, don't be nervous. While you are still legally stuck without a legal status, you can wait until the application has a result.
Sometimes, I-539 to deal with EOS too long, you want to postpone the deadline, but has not been processed. While you are still waiting for results in your territory, technically speaking, you are still in the legal period of stay, but inevitably give people the impression of staying.
When your application is approved, you will receive i-797a Approval Notice. If you receive i-797b because you do not have a I-94 card, you need to exit to apply for a visa.
If your EOS (extension) is based, you will receive I-541 Notice of decision. COS (conversion) is according to I-543.
Your cos/eos is rejected without prematurely terminating your current status and not abolishing your original visa. You can legally stay until I-94 expires, and you can go to the United States again after your departure, if the visa is still valid.
When your application is rejected, you should leave the I-94 before it expires. If your rejection is received after I-94 expires, the USCIS usually gives a 30-day grace period (from Notice Date).
If you fail to depart in time, it is out of the status, also called Overstay. This will affect your future visa, or your entry. Generally speaking, no more than 180 days will not affect the immigration application. However, six months of illegal stay, will cause you three years forbid entry, more than one year is ten years forbid entry.

US Green Card Basics: Application of I-539 and I-129 form reply to new posts