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International Programs International Scholar & Faculty Services Oregon State University, Heckart Lodge, 2900 SW Jefferson Way, Corvallis, Oregon 97331 T 541-737-3006 | F 541-737-6482 | http://oregonstate.edu/international I-539 Instructions for H-4 Dependents The I-539 must be filled out by a prospective H-1B employee’s dependents who are in the US in another status and wish to change to H-4 status (H-1B dependent). Submit the I-539 and supporting documents with the H-1B Application Packet. Dependents who are not in the US in another status do not need to file an I-539. H-4 applicants outside of the US will apply for an H-4 visa at a US Consulate abroad, proving the H-1B has received an H-1B approval, and proving the H-4’s relationship to the H-1B. Each US Consulate has its own procedures for applying for a visa. The dependent should check the H-4 visa application procedures on the website for the US Consulate at which the dependents will apply. Form I-539 can be downloaded at the website listed below: http://www.uscis.gov/files/form/i-539.pdf The following must be submitted to ISFS with the I-539: • DHS I-539 fee of $290. The fee is a flat fee for the entire family. The fee should be made payable to the Department of Homeland Security, and must be paid by a check or money order drawn on a bank or other institution located in the US and payable in US currency. The fee may also be paid by international money order or foreign draft drawn on a financial institution in the US. Please include the following information on the check: the primary dependent’s name, date of birth, and “I-539”. • Immigration Documents for all family members included on the I-539. The immigration documentation for dependents is the same as documentation required for the H-1B applicant. Please see the list of required H-1B immigration documentation listed on page 2 of the “H-1B Application Checklist” sheet (passport, I-94, current visa, and documentation of current status). • Proof of Relationship to the H-1B applicant. For spouses, a marriage certificate; or for children, birth certificates showing the H-1B applicant as a parent. If the documents are in a foreign language, they must be accompanied by a certified, full English translation. Contact ISFS to find out about translation certification requirements. Prospective H-1B employees with any questions regarding the I-539, should contact an International Faculty & Scholar Advisor at International Scholar & Faculty Services. Part 1. Information about you (Page 6) Part 1 should provide information about the spouse of the H-1B applicant (or oldest child if a spouse will not be filing for H-4 status), information about the H-1B applicant should NOT be included. • Social Security #: Leave blank if the H-4 does not currently have a Social Security # • A #: Leave blank unless an Immigrant Petition (I-140 or I-130) has been filed on behalf of the H-4 • Date of Last Arrival: “Admitted” date stamped on the I-94 (small white paper stapled into the passport near the US visa) If the H-4 has changed status inside the US, a new I-94 was issued with the change of status approval. The new I-94 is in the lower left hand corner of the I-797 change of status approval. The “Date of Last Arrival” actually means the start date of the most recent I-94. The start date of the most recent I-94 is the “Valid From” date listed on the most recent (change of status) I-94 • I-94 #: Number on the upper left hand corner of the most recent I-94 • Current Nonimmigrant Status: “Class” handwritten on the most recent I-94 (or typed for I-94s that were issued with an I-797 change of status approval) • Expires on: “Until” date handwritten on the most recent I-94 (or typed for I-94s that were issued with an I797 change of status approval) If D/S is written on your I-94, the “Expires on” date is the end date listed on the most recent I-20 or DS2019 Part 2. Application type (Page 6) • 1. I am applying for: b. A change of status. The new status I am requesting is: H-4 • 2. Number of people included in this application: Check ”I am the only applicant” if only one person is requesting H-4 status. Check “Members of my family…” if more than one person is requesting H-4 status. “The total number of people in the application” is the number of people listed on the application including the person listed in Part 1, but NOT including the H-1B applicant. Part 3. Processing information (Page 6) • 1. I request… status be extended until: The same end date as that listed on the H-1B applicant’s H-1B Application. The H-1B applicant should contact his/her departmental sponsor (or ISFS) if he/she does not know the end date listed on the H-1B application • 2. Is…already granted to your spouse: NO • 3. Is…separate petition to give your spouse: Yes: filed with this I-539 • 4. …give the name of the petitioner…: Oregon State University, H-1B applicant’s name Part 4. Additional information (Page 6-7) Provide information for the person listed in Part 1. • 2. Foreign Address: If you are not currently living abroad you may either leave the “Foreign Address” blank, or provide a permanent foreign address • 3. Answer questions in part 3 depending on the H-4’s history. If the H-4 does not understand a question, he/she should contact ISFS for clarification Part 5. Signature (Page 7) • The H-4 should sign Part 5. If the H-4 beneficiary is less than 14 years of age, the parent or guardian should sign the I-539. Sign name and include word “parent” after your signature. Part 6. Signature of person preparing form, if other than above (Page 7) • Leave blank Part 4. Additional information (Page 8) Provide answers to the questions on page 8 depending on the answers on page 7, Part 4. • If you answered “No” to Question 3g…: State how you are supported. If the H-4 is supported by the H1B, state that the H-4 is supported by the H-1B applicant and provide H-1B applicant’s name, current visa status, employer, position, and salary. • If you answered “Yes” to Question 3g…: State the H-4’s name, name and address of employer, weekly income, and visa status that authorized the employment. Copies of employment authorization documents should be turned into ISFS with the I-539. Supplement –1 (Page 9) Provide information for all additional H-4 applicants. See instructions for Part 1.