I am filing H-4 extensions for my son, who turns 21 next year, and my daughter, who is 17. Since my son is only eligible for a 1-year extension, do I have to file separate I-539 applications for my son and daughter, or can I file them together using an I-539 and I-539A?

Answer

Normally, when you are filing for two (or more) dependents extending the same status (e.g., H-4), you can file an I-539 application for one dependent along with an I-539A for each other dependent. However, in a situation where one dependent is not eligible to extend status for as long a period as the other dependent/s, the applicant eligible for a shorter period typically should file a separate application.  (06.Apr.2022)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

Copyright © 2022, MURTHY LAW FIRM. All Rights Reserved