I-539 Application to Change or Extend Status
There are two ways to file your dependent application(s):
- File online. This option requires your dependent to wait until you have your I-797 receipt notice, then they may file online. Only one person can be on the application. If you have more than one dependent, each person must submit a separate application, with a separate filing fee for each person. The USCIS filing fee is lower for online than for paper filing.
- File on paper. This option requires your dependent to wait until you have your I-797 receipt notice, then your dependent can mail their I-539 application directly to USCIS themselves. More than one person can be included on the application, with only one filing fee.
If your dependent has a complicated U.S. immigration history or if they want specific instructions on how to complete the I-539 application, it may be advisable to consult with or retain a U.S. immigration attorney prior to filing the application. As a starting point, see: Immigration Attorneys.
Filing online can put the applicant in the queue faster to be adjudicated. However, online applications are for single applicants only. This means that if you have more than one dependent, each person would have to file a separate I-539 and pay a separate filing fee.
Timing. Your dependents will need to wait until you have your I-797 receipt notice. The application must be submitted to USCIS prior to the start date of your new status or your extension period. The effective date is the start date of the petition that Caltech/JPL is filing on your behalf.
Your dependent will need to complete the following:
- Form I-539 Online Form
- Filing fee to be paid online, view the current fee on the USCIS website.
- Upload your I-797 receipt notice or approval notice, for example your. H-1B receipt notice.
- Upload supporting evidence, which is outlined in the section below.
Your dependent may choose to mail the application directly to USCIS.
Timing. Your dependents will need to wait until you have your I-797 receipt notice. The application must be received by USCIS prior to the start date of your new status or your extension period. The effective date is the start date of the petition that Caltech/JPL is filing on your behalf.
Address. View the USCIS website for the filing address based on the type of application that your spouse is filing such as "an H-4 spouse of an H-1B nonimmigrant filing Form I-539 separately from the H-1B principal nonimmigrant."
Your primary dependent will need to provide the following single-sided documents in their shipment to USCIS:
- Form I-539. Retrieve the current version of the form and the instructions on the USCIS website This form is to be completed and signed by your primary dependent and the questions relate to that dependent only.
- Filing fee in the form of a personal check or money order, made payable to the U.S. Department of Homeland Security. View the current fee on the USCIS website.
- Form I-539A. Complete for each co-applicant.
- Your I-797 receipt notice or approval notice, for example your H-1B receipt notice.
- Supporting evidence, which is outlined in the section below.
Each dependent included in the application will need to provide the following documents:
- Passport biographic page, copy
- Visa stamp, most recent
- I-94 electronic record, retrieve from the CBP website
- All U.S. immigration documents related to status. For example, all I-20s, if currently in F-2 status.
- If any person included in the application previously held J-1 or J-2 status:
* Final DS-2019 or J visa stamp
* I-612 approval notice, if granted a 212(e) waiver
* Advisory opinion letter, if received from Dept. of State - Marriage certificate (English translation, if necessary)
- Birth certificate for each child (English translation, if necessary)
Since the Form I-539 is adjudicated separately from your H-1B, E-3, O-1, or TN petition, the dependent application should also include copies of your current status documents. For example, copies of your passport biographic page, your most recent I-94, and your DS-2019, I-20, or I-797 approval notice, as applicable.
Process. Once USCIS receives the application, your dependent will receive an I-797 receipt notice. Review the receipt notice and contact USCIS if there are any errors on the receipt. Biometrics are no longer collected for I-539 applications for changes of status to H-4.
Processing Times. Review current USCIS processing times on the USCIS website. Your dependent can sign up for a USCIS account in order to receive updates from USCIS.
USPS Mail Delivery. Your dependent can sign up for Informed Delivery by USPS and digitally preview mail.
I-797 Receipt and Approval Notices. Your dependent will receive their receipt and approval notice at home.
Change of address. Before you move, your dependent should update their address with both USCIS and USPS.
International Travel. It is possible that your dependent will need to travel overseas before the I-539 is adjudicated. This is allowed, but your dependent will need to apply for and receive a U.S. visa prior to returning to the United States. Contact your advisor to ensure that your nonimmigrant status will support your dependent's visa application. Review your dependent's visa and I-94 electronic record, if your dependent travels prior to the I-539 approval.
Driver's License. It is possible that your dependent may be unable to apply for or extend a California driver's license while the I-539 is pending.