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I am currently on an L1A visa and my stay term is coming to…

Hi, I am currently...

Hi, I am currently on an L1A visa and my stay term is coming to an end. I want to transfer my visa to H4 (dependent on my wife) through I539 form. I wanted to know what I should fill for a couple of questions on form I539 Part 3, Questions 2, 3

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No, me and my wife are both on approved petitions

Lawyer's Assistant: Have you talked to a lawyer yet?

No, not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thats the only question I have

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Answered in 5 minutes by:
11/22/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,380
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Did your spouse change status to H-1B while in the U.S., or did she extend her H-1B? Or is this her first H-1B attained upon entry to the U.S.?

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Customer reply replied 8 months ago
She came on H1B and extended her visa last year. She has an approved petition and it is valid till 05/15/2018. Mine on the other hand is an L1A and coming to end on 01/16/2018 (few weeks from now).

Then you would mark YES for 2.a since your spouse's status has been extended, and for 2.b, you write the receipt number of that approved extension I-797. 3.a would be NO.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 8 months ago
Thank you for your reply. For applying the Change of Status, can I just have to submit the I-539, my spouse's I-94, our Marriage Certificate, and her I-797 form via post? Will they just send the receipt number and I can continue my stay based on that? Is there an online way to apply? Thanks

Online filing for the I-539 is no longer active since 2015:

https://www.uscis.gov/news/alerts/uscis-discontinues-electronic-form-i-539-form-i-526-and-regional-center-document-library

You can stay in the U.S. as long as your I-539 is pending. And yes, you send all of those things you listed but I would also include the last few paycheck stubs of your spouse's to show she is maintaining H-1B status.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,380
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Customer reply replied 8 months ago
Thank you so much for the valuable information. Excellent service !

You are very welcome! Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 8 months ago
Hi, I have a few of more questions:
1. Do I have to send $370 check along with the application? Is there any other fee involved for my case (L1A to H4 conversion)
2. My wife was on Maternity leave from October to December. So, if I have to attach her last few salary slips, it may not show the full salary amount. Should I explain it somewhere the reason for not having the full salary?
3. Do I need to fill 'N/A' for all fields that are not relevant to me, or can I leave them blank?
4. In Part 1, 4.a., should I mention my wife's name under 'Care Of'?

1. Do I have to send $370 check along with the application? Is there any other fee involved for my case (L1A to H4 conversion)

Yes and no.

2. My wife was on Maternity leave from October to December. So, if I have to attach her last few salary slips, it may not show the full salary amount. Should I explain it somewhere the reason for not having the full salary?

Then don't send the paycheck stubs. If an RFE is issued, then send the explanation of maternity leave with assurances from the company that she will take up where she left off after the leave.

3. Do I need to fill 'N/A' for all fields that are not relevant to me, or can I leave them blank?

Leave blank.

4. In Part 1, 4.a., should I mention my wife's name under 'Care Of'?

No.

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Customer reply replied 8 months ago
Thank you. For Part 1, 4.a., can I leave it blank or give my name instead.

Leave is blank unless someone at that address is in charge of receiving mail. That's what that line is there for.

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