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Apply F1 to H4 COS I 539 with a Pending I 130 Petition.
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Jay Kumar
4/1/2022 8:39:48 PM
Total Posts: 2
Category: H4 India
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I am on F1 OPT. Enter US in 2018 on F1. I am filling up I 539 form for myself. My sister back in 2019 applied for I 130 Immigration petition for Alien Relative. My sister received a I 797C Receipt notice saying case was received. It has USCIS Alien Number mentioned. Now while filling I 539 , I have these questions: Part 1 Item Number 2. Alien Registration Number ( A-Number ) ( If Any ): Do I need to mention F1 OPT Alien registration number here which is on my OPT card. I have used this A number when filing for an OPT extension a few months ago. Part 4 Item Number 3. Are you, or any other person included on the application, an applicant for an immigrant visa? The I 130 receipt notice lists my sister as the applicant as she is applying and me as beneficiary. Should be this be “No”? Part 4 Item Number 4. Has an immigrant petition EVER been filed for you or for any other person included in this application? Should this be “yes” [b]Question:[/b] Is it possible that answering yes to Part 4 , Item Number 4 Question Has an immigrant petition EVER been filed for you or for any other person included in this application? could lead to H4 denial? Should I attach a cover letter explaining about this for H4 H4EAD and explain why part 4 Item Number 4 is yes and attach I 130 receipt notice ? Is it needed to be done like this? Please let me know. Thank you. Much appreciated.


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