• WORK
  • ABOUT
  • BECOME MY CLIENT
  • FAQ
  • BLOG
  • DISCLAIMER

Notice of Action Blog

Main > Notice of Action Blog > Form and Substance

Jan

Jan’s photo

Tag cloud

about this blog Alejandro Mayorkas Alien Labor Certification April Fool's Day joke brothers and sisters of U.S. citizens Customer Service EB-2 entrepreneurs family immigration Federal Court Form and Substance fourth preference google adsense H-4 extension H1B halloween I-539 L-1 matryoshkas National Interest Waivers non-immigrant options for entrepreneurs outsourcing Social Networking start-ups TiE Boston USCIS work

Archive

  • April 2012
  • October 2011
  • September 2011
  • August 2011
  • February 2011
  • November 2010
  • October 2010
  • September 2010
  • April 2010
  • March 2010
  • February 2010

Recently discussed:

17 April 2012, Tuesday - 12:08

Form and Substance

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.

Category: law practice, Uncategorized

Tags: Form and Substance, H-4 extension, I-539





office: 1 Mifflin Place, Suite 400, Cambridge, MA 02138-4907
email: jan@immigrationado.com
phone: 339.221.1077

Copyright © 2008-2016, Jan Albrecht.