Notice of Action Blog

Another example of form defeating substance. I-539 approved for a family of 3. Mother and younger son get the H-4 status extension to match with their husband’s and father’s. Eldest son turns 21 before the end date of father’s H1B status approval and is not eligible for H-4 extension beyond his 21st birthday. Sounds like a typical scenario where mother and younger son would get an I-94 with one expiration date while the eldest son would get another. But, of course, you know, that’s not how it happens. They all get the same expiration date…the eldest son’s 21st birthday! Form I-539 includes all 3 of them and it is not designed to allow the different applicants within the same application to seek different expiration dates. And USCIS examiners simply can’t write multiple expiration dates in their system for multiple derivatives of the same application form, such as I-539.  So a new I-539 must be filed for the mother and youngest son with a new filing fee to get the originally sought benefit of their H-4 extension. Alternative solution? Could have filed a separate application form for the eldest son, which, of course, would have meant paying a separate filing fee of $290 for his application and $290 for his mother’s and younger brother’s.