Completing Form I-539: Extending or Changing to H-4 Status
US Citizenship and Immigration Services (CIS) Form I-539 is used by some nonimmigrants who seek a change in status or an extension of their stay in the same status. These guidelines are specifically intended to assist dependents of Stanford University employees in H status. These guidelines are not legal advice.
● These guidelines are not relevant to tourists or those in other classifications who are requesting an extension or change of status, or F-1 students seeking reinstatement.
● The form is not used by H-1 employees to extend or change status; these actions are requested on the form completed by Stanford as part of the H-1 process
● The form must be completed from the perspective of a dependent, such as a spouse or child; THE H-1 employee does not put their information on the I-539 and does not sign; the H-4 dependent must sign the application as their personal application.
● Only one dependent will complete the I-539; additional dependents such as the primary dependent’s children must complete, sign and file form I-539A along with primary form I-539.
● Note that any assistance provided to the applicant must be noted: if translation help is provided, the “interpreter section” in Part 7 must be completed. If someone else, even the H-1, or a parent prepares the form for the applicant, this information must be noted in Part 8.
US Citizenship and Immigration Services routinely updates forms, including the I-539. Be sure to use the current version. CIS will reject an application filed on an obsolete version of the form. You can locate the current version of the form at the CIS I-539 page. Be sure to use the official CIS website to access this form and information, and not a private page. For the paper form, go to the bottom of the page under “Form Details” and click the down arrow on the menu item “Forms and Document Downloads.”
At Stanford, these forms are commonly used by dependents (spouse and children) of temporary workers using H-1 status in connection with their employment at the University. Stanford cannot provide legal advice to users of this form. The following information serves as guidance for these dependents as they complete form I-539 and 539A, but in no way is intended to serve as legal advice. If you feel the guidance does not agree for some reason with CIS instructions, the CIS instructions should be followed.
Stanford includes form I-539 with H-1 filings for dependent extensions or changes of status as a courtesy to the international community at Stanford. A waiver of liability must accompany forms I-539 and 539A that are provided to Stanford to accompany H-1 petitions filed by the University on behalf of employees. This waiver must be signed by the applicant named on the relevant I-539; without it, Stanford will not file the form. The waiver absolves Stanford of responsibility for its handling of the form as a courtesy.
Form I-539 is usually filed by spouses of employees seeking a change or extension; children complete Form I-539A. If the employee is the only parent present, a child can complete form I-539; additional children will each complete another Form I-539A. Form I-539A is not filed alone as the only application by a dependent; it is only used for dependents beyond the “first” one filing the I-539.
Form I-539 guidelines by Part and item number are found below. References to “you” mean the dependent, not the employee.
Part 1
1.a. Family Name: enter your family or last name as it appears on the supporting documentation (passport the dependent)
1.b. Given Name: enter your given or first name as it appears on the supporting documentation (passport)
1.c. If you do not have a middle name, you may want to leave this field blank. (If you enter “none,” “not applicable” or “N/A,” this information may appear on Notices of Action generated by Citizenship and Immigration.)
2. Alien Registration Number: Most nonimmigrants do not have an alien registration number, which is mostly confined to use by those have filed for permanent residency. If for some reason you have an A number and know it, include it here.
3. USCIS Online Account Number: If you have a USCIS Online Account Number, enter it here. If you have a USCIS Online Account Number, you should consider filing your forms electronically, if you are eligible to do so. You can check your eligibility to form I-539 online by visiting the CIS Eligibility webpage. Please note that you can only file form I-539 online if you are applying only for yourself, without co-applicants (without form I-539A). Please check the above website just prior to filing to understand if rules/terms have changed.
Mailing Address Section
4.a. In Care of Name: People living at someone else’s residence temporarily can identify the owner of the address in this section. Note that mail from government agencies such as CIS is not forwarded by the US Postal Service, and finding correspondence from such agencies that has been returned by the Postal Service can be very difficult. It’s strongly recommended that you use an address where you can expect to receive mail within the projected processing time.
4.b. The house number and street name go here.
4.c. If the residence is an apartment, or it can be designated by a Suite or Floor number, put that information here.
4.d. The official name of the town in which the street is located goes here.
4.e. The state can be found in a pull-down menu here. California is “CA”
4.f. The zip code goes here. If you are unsure, the USPS ZIP Code Lookup link can help you identify the zip code for your address.
Physical Address Section
This section is intended for an address where you physically reside in the United States. If you live at the same address where you receive mail at, items numbered 5.a. to 5.e. are completed with the same details as in Items 4. There is no indication that this section should be left blank if it is the same as the Mailing Address information, so while it may be redundant, you should complete this section even under those circumstances. If your mailing and physical addresses are different, the information should be entered in the relevant sections.
Other Information About You
6. Country of Birth: Enter the country in which you were born by the name for which it is currently known.
7. Country of Citizenship or Nationality: Enter only one country to correspond to the passport ID information you are providing on the form..
8. Date of Birth: Be careful to use the US format (mm/dd/yyyy) for this date information.
9. US Social Security Number: If you have one, enter it here.
10. Date of Last Arrival in the US: Be careful to use the US format (mm/dd/yyyy) for this date information. If you are unsure, you can obtain your most recent I-94 from the CBP website by clicking on “Already Visiting & Need Proof of Visitor Status?” The I-94 record will have your date of last arrival on it.
11. I-94 Arrival-Departure Number: If you have not already printed your I-94, get it here by clicking on “Already Visiting & Need Proof of Visitor Status?” This document also has the date of last arrival information for item 10.
12. Passport Number: Enter the passport number of the passport you used to enter the U.S. most recently. If you have renewed your passport since your last entry, there will be an entry farther down in the form to record that information.
13. Travel Document Number: if you don’t have a passport but have been issued a Travel Document, put the number here.
14.a. Country of Passport: List the country that issued the passport or travel document.
14.b. Expiration Date: Find the expiration date of the passport or document and put it here.
15.a. Current Nonimmigrant Status: Write the status you currently hold, such as H-4, J-2, F-2, etc.
15.b. Expiration Date: Enter the date (mm/dd/yyyy) your current status will expire. If you are in J-2 or F-2 status, enter N/A here and follow the instructions in question 16.
16. D/S Box: If you are J-2 or F-2, your “expiration date” should be D/S; check your I-94 to be sure. Check the box to show you were granted D/S.
Part 2: Application Type
1. Reinstatement: Not applicable to these guidelines. If you are a student needing reinstatement, please consult the student advising team.
2. Extension: Mark this box if you want to extend your stay to be current with your spouse or parent’s.
3.a. Change of Status: Mark this box if you want to change your status to the same as your spouse or parent’s.
3.b. New status effective date: If you selected 3.a., enter the date you want your new status to be effective. You will need to get this information from your spouse or parent. Don’t guess! Usually, this date should match the requested start date of the H-1 to be filed by Stanford.
3.c. Change requested: If you selected 3.a., enter the new visa status you are requesting, such as H-4. Don’t complete this field if you mark item 2 indicating you are seeking an extension in the same status.
4. Only applicant: Mark this box if there are no other dependents seeking the benefit (i.e., change or extension).
5.a. Mark this box if you have other family members seeking the SAME benefit, that is, changing to H-4, or extending their stay in the same status.
5.b. Total: Put the total number, including yourself, seeking the extension or change of status. (As the form indicates, each additional dependent will need to complete a separate Form I-539A). Do not count the principal (H-1).
Part 3: Processing Information
1. Requested date to which status is extended: Again, you need to make sure this information corresponds to the date on your spouse’s petition (mm/dd/yyyy). This date should match the requested end date of the H-1 petition. Don’t guess!
2.a. Application based on an extension or change already granted? When Stanford, as a courtesy, includes form I-539 with its petition for H-1 status, you should answer “No.” If this application is being filed AFTER the spouse’s petition has already been approved, answer “Yes.” The latter case can sometimes occur when a someone is leaving their own H-1 status, for example, to become an H-4 dependent of the spouse. (Stanford does not have a role in submitting the I-539 in these circumstances.)
2.b. If you answered yes to 2.a. put the receipt number (WAC, EAC, SRN or LIN number) in the boxes provided.
3.a Indicate “Yes, filed with this Form I-539” for cases where the I-539 is intended to go along with the H-1 petition Stanford is filing for the spouse or parent. If the H-1 petition has already been sent, mark “Yes, filed previously and pending with US Citizenship and Immigration Services.” A Form I-539 filed not in the context of an H-1 petition would require a “No” answer, but Stanford does not have a role filing extensions or changes that are not associated with an H-1 petition.
3.b. If you answered “Yes, filed previously and pending with U.S. Citizenship and Immigration Services (USCIS).” to 3.a., enter the receipt number (WAC, EAC, SRN, or LIN number) for your spouse or parent’s extension or change of status petition.
4. If you answered “Yes, filed previously and pending with U.S. Citizenship and Immigration Services (USCIS).” to 3.a.,enter the name of the petitioner (e.g. Stanford University) and the first and last name of the H-1 spouse (e.g. “Stanford University/First Name Last Name”)
5. If you answered “Yes, filed previously and pending with U.S. Citizenship and Immigration Services (USCIS).” to 3.a., enter the date the petition was filed. If you are unsure, this date is listed on the receipt notice, in the box titled “Received Date”.
Part 4: Additional Information
CIS acknowledges that passports can expire and will be extended or replaced. This Part is intended to collect information about a new passport; if you don’t have a new passport from the time since you last entered the US, enter N/A in fields 1.a., 1.b., and 1.c.
If you have obtained a new passport since you last entered the U.S., enter the new passport information in fields 1.a., 1.b., and 1.c. This should be different than the passport information you entered on pages 1 and 2.
2. Physical Address Abroad: Items 2.a to 2.f are for your address information back home. Strictly speaking, for H nonimmigrants there is no requirement to maintain an address outside the US. However, to reduce the chance of problems, it’s recommended that you provide an overseas address; it can be that of parents, friends, etc. The fields are structured to accommodate US-type addresses; if your address abroad can fit in that format, go ahead and add it here. Addresses in some countries do not fit well in this type of format, so a suggestion is as follows: in item 2.a, write “See Part 8.” Go to Part 8 (should start on Page 7) and use one of the sections for “Additional Information.” Indicate that you are supplying additional information for Page 2 Part 4 Item 2 in the boxes provided, and add your overseas address information on the lines below. This field is “free-form” and not constrained by US address conventions. Be sure to include your Name information in the items on Part 8. Additional information in items numbered 1.a. to 1.c.
3. Immigrant Visa: This question refers to you or dependents listed in accompanying forms I-539A. It does not refer to the principal (H-1). It specifically asks whether you have an active application for an immigrant visa pending with a US consulate overseas. You will know if that is the case.
4. Immigrant Petition: This question is intended to capture information about whether you’ve been named by a sponsor of some kind on an immigrant petition. This would include family-based or self-sponsored petitions, employer or self-sponsored petitions, those that have been filed and decided, or those that are pending. This question refers to you or dependents listed in accompanying forms I-539A. It does not refer to the principal (H-1). If your H-1 spouse is the beneficiary of an I-140 or I-130, but you are not, you should answer “no” to this question.
5. I-485 Adjustment Application: The adjustment application is filed with CIS when an immigrant petition of some kind has been approved that allows you to apply for adjustment of status, and you filed the actual application for the green card. You will know if that is the case. This question also refers to you or dependents listed in accompanying forms I-539A. It does not refer to the principal (H-1).
Answer the questions in items 6 to 11 for you and dependents listed in accompanying forms I-539A. If you answer “yes” to any of these questions, you must provide an explanation in Part 8.
12. Violations of the status you NOW hold: For dependent classifications, the most obvious violation would be working without authorization, since people in these classifications, for the most part, do not have an opportunity to apply for work authorization. (J-2s, and some H-4 dependents do, however.) There are other ways of violating one’s status, mostly having to do with overstay. Unfortunately, Bechtel cannot interpret the law for you if you have doubts about whether you have violated your current status in some way, and if you have serious questions about this matter, you should seek the advice of a competent attorney.
13. Removal proceedings: You are pretty sure to know if you are currently in removal proceedings.
14. Employment: List any employment you or any dependents listed on accompanying forms I-539A have had since you were LAST ADMITTED to the US or granted an extension or change of status.
If you were NOT employed, and you answer “no,” go to Part 8 (located on Page 7) and, referencing Page 3 Part 4 Item 14, you need to explain how you are being supported while in the United States. You can say something like "The person whose name appears on this form is supported by the principal applicant (name of H-1), who is the beneficiary of the related petition filed on his/her behalf by Stanford University, with an annual salary of $___."
If you HAVE WORKED (dependents in J-2 status are eligible for work authorization, so you may have periods of employment to list, or perhaps you hold H-4 work authorization), you’re obliged to go to Part 8 (located on Page 7) and, referencing Page 3 Part 4 Item 14, explain, giving your name, how you were authorized to work, the name and address of the employer/s where you worked, and how much you were paid each week. A copy of the EAD (both sides) you were issued should be included with the application.
15. Exchange Visitor history: If you or any dependents listed on accompanying forms I-539A were ever in J-1 or J-2 status, mark yes, and go to Part 8 (located on Page 7) and, referencing Page 3 Part 4 Item 15, give the dates you were in that status. Note: You cannot change status in the US if you are subject to section 212(e) “Two-Year Residence Requirement”.
Part 5: Applicant’s Statement, Contact Information, Declaration, Certification and Signature
As the person seeking the change of status or extension of stay, you are the Applicant. See the Applicant’s Statement Section, and answer the questions. Don't forget to sign and date the form.
If you got help translating the form, you’ll need to get the interpreter to complete Part 7.
If someone else prepared the form for you, even a spouse or parent, that person needs to fill out Part 7 and sign as preparer.
Filing Notes:
Provide the I-539, with all your accompanying documentation (e.g., marriage or birth certificate (depending on relationship), I-94, copy of EAD if applicable, etc.), plus documentation that your spouse is in valid H-1 status (copy of spouse’s I-797, I-94, copy of passport biographical page, copy of current entry visa page, last three months of pay statements), to your spouse or parent’s department for them to give to Bechtel International Center along with the petition materials.
Note payment information in the CIS instructions; checks must meet CIS requirements; see the USCIS fees webpage. Make the check payable to US Department of Homeland Security. The filing fees change occasionally, so be sure to check the current fees before submitting the application. If you submit the wrong fee, the application will be rejected.