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About Foreign Scholar Services
Coming to Stanford as a foreign scholar
J-1 Exchange Visitor status
Employment-based classifications
Paying Stanford's foreign visitors
ITIN information
Glossary of immigration terms
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Dependents who are in the United States and who need to make a change of status or extend their stay concurrently with the change or extension of the principal visa holder need to complete the I-539. This is a CIS form, which can be found and filled out at http://www.uscis.gov/files/form/i-539.pdf It's strongly recommended to fill the form out on-screen, for reasons of legibility. Instructions are available in five languages. Briefly, however, note the following:
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The name of the "first dependent" (usually the spouse, but can be an elder child if the family structure is such) is intended for Part 1. The supplement is used for subsequent dependents. DO NOT USE PART 1 FOR THE PRINCIPAL APPLICANT'S NAME. The petition (I-129) that will be completed by Bechtel comprehends the principal's change/extension.
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In part 2, item 1, a dependent's classification is H-4.
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In Part 2, item 2, the total comprises all the people mentioned on the form, including the supplement, if it is completed. Don't include the principal.
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In Part 3, item 1, the date must conform to the end date of the principal's H-1 petition; this may have to be verified with the sponsoring department, since it depends on funding and other variables. Ultimately it will appear on the I-129 prepared by Bechtel, which is the operative document for these matters.
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In Part 3 item 2, "no" is almost always the correct box to check. An affirmative response would be appropriate only if a spouse were changing from an independent classification and the principal had previously secured an extension or change of status.
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In Part 3, item 3, the response is almost always "yes, filed with this application." "No" applies to individuals who are requesting an independent change or status or extension of stay.
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In Part 4, the information requested pertains to the individual named in Part 1.
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In Part 4, item 3, question f, the dependent must make a statement describing his or her means of support. Many spouses and children have no employment history, and all dependents who are changing to H-4 status lack employment eligibility.
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If the dependent's history does include employment, develop a statement to describe the name of the dependent who was working, the name(s) and address(es) of employer(s) who paid the dependent, and the income. A copy of the EAD or other authorization must be included among the immigration documentation (see below).
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If the dependent(s) have no employment history, a statement like the following will be sufficient: "The person (or persons, if applicable) whose name(s) appear/s on this form are supported by the principal applicant (name of principal), who is the beneficiary of the related petition filed on his/her behalf by Stanford University."
Documentation to be included: Each dependent named on an I-539 must submit evidence that s/he is in a valid nonimmigrant status and is eligible for a change to the H-4 classification. This evidence will include the following:
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Copy of passport information page
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Copy of US visa pages from the passport
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Copy of pages from the passport bearing US Immigration Service entry (airport) stamps
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Copy of last I-94 card or I-797 issued (either at the airport of in a subsequent change/extension granted by INS/CIS)
These documents should be provided in color, which has become the standard for copies made for DHS purposes. |
