H4 I539 form filed concurrently - Missed to answer a question on the form

USA H4
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#1

Hi Anil,
My current H4 is only valid until 2022,Feb 1st week. We filed H4 extension + H4 EAD concurrently with my spouse’s H1B application (premium processing) last week. But today, I realized that on I539 form, I did not answer the following question which is needed when filing concurrently.
**Part 3 Processing Information
**Question 3a:
Is this application based on a separate Petition or application to give your spouse, child, or parent an extension or change of status?

  1. Yes, filed with this form I-539
  2. No
  3. Yes, filed previously and pending with U.S Citizenship and Immigration Services (USCIS).

Ideally, I should have chosen option number one ( Yes, filed with this form I-539) but I left this field blank.

Could you please advise me on my options here:

  1. Wait until H1 (premium) is approved and H4 receipt notice is received. Then, try contacting USCIS to update the form( not sure, if they would do so).
  2. Send a letter and corrected form to USCIS in support of existing application once receipt notice is received.
  3. File a fresh set of standalone H4+H4 EAD after H1 approval notice is received to be on the safer side. (considering my current h4 is valid only until 2022,Feb 1st week).
  4. Is it okay to file multiple H4 +H4Ead applications when you already have H4 extension in progress.
  5. Also, Let’s say I chose option 3 above and applied fresh set of H4 + H4EAD before feb1st 2022 - Will I be become out status in the event of my first filed H4 is rejected because of the form mistake?
    OR will my status be valid because I filed my second application for H4 extension in time.

Could you please advise me on this. Thank you in advance!!
@anil_am22 , @Kalpesh_Dalwadi

#2

You are overthinking and complicating your case :slight_smile: My gut feeling is that USCIS may not reject your application because you missed to answer that 3a. which is very obvious to any officier processing your application may not even care as your application was applied to primary H1B.

At this point it is just better to wait and see if you receive the receipt notice for H4 & EAD applications. Only try to fix if USCIS take any further action like reject the application or send an RFE.

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#3

Thank you @Kalpesh_Dalwadi for your response.

Whatever you said makes sense and yeah, I was overthinking :blush:.

As you suggested, I will wait for uscis to take any action on my case and then will act accordingly.

Thank you again and I will post here once I receive any update on my case.

#4

Update: H4 and H4 EAD cases were approved without any rfe.

Thank you @Kalpesh_Dalwadi for your prompt response and guidance on this one.

@Kalpesh_Dalwadi @anil_am22

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