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Guidelines for Filing I-539

The I-539 Form needs to be completed for H-4, E-3, O-3 Dependents. Complete the forms 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 (2) request to extend current status or (3.a.) 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 14:

  • If employed, please complete the relevant box on page 7. If you answer "Yes" to question 14, 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, please complete the relevant box on page 7. If you answered "No" to question 14, 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 form I-539A supplement. Please list each person separately and do not include the person already listed in Part 1 on the first page of the form.

Disclaimer Statement

The Northwestern University Office of International Student & Scholar Services (OISS) offers guidance on I-765 and I-539 applications as a courtesy to NU scholars and dependents. We make every attempt to ensure that we provide you with the most up to date information available. However, any advice provided to you by our office does not constitute legal advice. You should always independently check all deadlines and all I-765 and I-539 application documents for accuracy before mailing them or submitting them online to United States Citizenship and Immigration Services (USCIS). These applications are personal applications for which you are responsible. The application preparation and USCIS case decision will vary depending on the facts at issue in your particular case.  While OISS exercises best efforts to provide you with the most current guidance, please be aware that USCIS may change its interpretation of applicable policies, procedures, regulations, and eligibility requirements at any time.  OISS is not responsible for, and expressly disclaims liability for, any errors or omissions relating to your I-765 or I-539 application and any decisions made by USCIS.  For legal advice, scholars and dependents are encouraged to consult with a licensed and experienced immigration attorney at their own expense.