Form I-539 Instruction: Fill & Download for Free

I may not want to miss even a single document from the list hence pasting a link below which is a step by step guide for obtaining H4 EADhttp://www.immihelp.com/h4-visa-ead/documents.htmlEligibility RequirementsYou are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse:Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; orHas been granted H-1B status under sections 106(a) and (b) of the AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.How to ApplyYou must file Form I-765 and receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working.While USCIS currently is continuing to accept the older version of Form I-765 with an edition date of 05/27/08 or later, we encourage H-4 applicants to use the newer version with an edition date of 02/13/15 in order to prevent delays or the need for USCIS to issue you a request for evidence.Carefully follow these steps to prevent your application from being rejected and returned to you:Complete Form I-765 using the Instructions for Form I-765. USCIS will reject any application that is not accompanied by the proper filing fees or signature. The fee is $380. You cannot file Form I-765 for category (c)(26) together with a Form I-485, Application to Register Permanent Residence or Adjust Status at the Lockbox address for Form I-765 category (c)(26). If filing a Form I-485, you must follow the Form I-485 filing instructions and submit your Form I-485 to the correct filing address for that form. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). Note: If you are filing Form I-765 together with Form I-485 at the USCIS location noted for Form I-485, you should specify your work eligibility category as (c)(9) and pay only the Form I-485 filing fee (and not the Form I-765 filing fee) to avoid processing delays.Submit supporting evidence (see chart below). Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence.Evidence of…Can be shown by submitting…Your H-4 statusA copy of your most recent Form I-797, Notice of Action, for Form I-539, Application to Extend/Change Nonimmigrant Status; orA copy of Form I-94, Arrival/Departure Record, showing your admission or extension of stay as an H-4 nonimmigrant.A government-issued identification document with photoA copy of your last EAD (if any);A copy of the biometric page of your passport;A birth certificate with photo ID;A visa issued by a foreign consulate; orA national identity document with photo.Your relationship to theH-1B nonimmigrantA copy of your marriage certificate.Your basis for eligibilityEvidence that the H-1B nonimmigrant is the principal beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140).You may show this by submitting a copy of the H-1B nonimmigrant’s Form I-797 approval notice for Form I-140;OREvidence that the H-1B nonimmigrant has received an extension of stay under AC21 sections 106(a) and (b).You may show this by submitting:1. A copy of the H-1B nonimmigrant’s passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and2. Evidence to establish one of the following bases for the H-1B nonimmigrant’s extension of stay:Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B nonimmigrant is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the expiration of the six-year limitation of stay. You may show this by submitting a copy of a print out from the Department of Labor’s (DOL’s) website or other correspondence from DOL showing the status of the H-1B nonimmigrant’s Permanent Labor Certification Application. If DOL certified the Permanent Labor Certification, also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification;ORBased on a Pending Form I-140. If the preference category sought for the H-1B nonimmigrant does not require a Permanent Labor Certification Application with DOL, submit evidence that the H-1B nonimmigrant’s Form I-140 was filed at least 365 days prior to the expiration of the six-year limitation of stay and remains pending. You may show this by submitting a copy of the Form I-797 Notice of Receipt for Form I-140.Examples of Secondary Evidence. If you do not have any evidence relating to the H-1B nonimmigrant as described in “a” or “b” above, you may ask USCIS to consider secondary evidence in support of your application for work authorization as an H-4 spouse. For example, such information may include the receipt number of the H-1B nonimmigrant's most current Form I-129 extension of stay request or the receipt number of the H-1B nonimmigrant's approved Form I-140 petition. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization.Photos for card productionTwo identical two-by-two-inch passport-style color photographs of yourselfHope this helps

Immediately file a Form I-539 Application for Extension of Stay with USCIS, along with the required $455.00 filing fee plus all necessary supporting documents, including solid proof of your intent to leave the United States on that repatriation flight two days later. The Form I-539 plus instructions can be found on the websiteHomeWe have many resources to help you achieve your goals. Use our self-service tools to learn about eligibility, our filing fees, and to study for and take the English and civics practice test.http://www.uscis.gov.

I suspect that you have confused some terms: an immigrant is a person who has moved to another country permanently and legally, but isn’t yet a citizen. Such a person already received and used an immigrant visa, and now has no further need of the visa because a green card is on the way.If, on the other hand, you mean a temporary visitor who entered with a nonimmigrant visa, there are two things to consider.the validity of the visa is irrelevant to the length of time the person is allowed to stay; it is only permission to ask CBP nicely to let him in. He can enter the US on the very day that the visa expires, and still be allowed a reasonable length of stay.It is CBP that decides how long he can stay. That can be as long as six months, although it is generally recommended not to take advantage of that allowance if, when applying for the visa, the person clearly stated that he intended to stay only a few weeks because he had pressing family and professional business at home.If the person has stayed so long that he is running out of CBP’s very generous permission to stay and now can’t leave because the airlines are’t flying, he should immediately apply for an extension of stay, BEFORE the length of stay that CBP gave him runs out. Note that the form should be e-filed, so a USCIS office being open or not is irrelevant.Here are the instructions:I-539, Application To Extend/Change Nonimmigrant Status