Guidelines for Filing I-539

The I-539 Form needs to be completed for H-4, E-3, O-3 Dependents. Complete the form using the following guidelines.

Part 1: Information about you

The information in this section is about the dependent spouse (or eldest child) requesting a change of status or extension (not the principle H-1B/E-3/O-1 beneficiary).

Use an address where you will be able to receive mail up to 6 months from filing the I-539.

Part 2: Application type

Please check (1) request to continue status or (2) change of status to H-4/E-3/O-3 Dependent.

Part 3: Processing information

For question 1: The current/requested status time should be the same end date of the principle H-1B/E-3/O-1.

For question 2: Check "Yes" if your family is currently in the U.S. in the same status. Check "No" if your spouse/parent will apply for or has a pending petition.

Part 4: Additional information

The information here is about the dependent that is requesting the change/extension of status. Please answer all questions from dependents' perspective.

For Question 19:

  • If employed, (E-3, J-2 or LPR applicant) please complete the relevant box on page 6. If you answer "Yes" to Question 19, be sure to include employer, annual salary and job title/brief description and a copy of the valid Employment Authorization Document (EAD) card.
  • If not employed (H-4, F-2, O-3) please complete the relevant box on page 6. If you answered "No" to Question 19, be sure to include H-1B/E-3/O-1's employer, annual salary and job title/brief description.

Part 5: Applicant's statement signature

This section must present an original signature by the dependent and not the principle H-1B/E-3/O-1 beneficiary.

Additional dependents

If there are additional dependents (child/children), please complete Page 7 of the I-539. Please list each person separately and do not include the person already listed in Part 1 on the first page of the form.