On March 1, 2019, USCIS held a teleconference to discuss revised Form I-539 and new Form I-539A. USCIS provided the following updates during the engagement, among others:
- An official copy of the revised Form I-539 and new form I-539A will be published on the USCIS website on March 8, 2019.
- New rollout period:
- USCIS will continue accepting Form I-539 with an edition date of 12/23/16 until March 21, 2019, as long as it is received by USCIS by that date.
- USCIS will reject any Form I-539 with an edition date of 12/23/16 that is received by USCIS after March 21, 2019.
- Starting on March 22, 2019, USCIS will only accept the revised Form I-539 with an edition date of 02/04/19.
This information is currently posted on the I-539 page of the USCIS website.
Trump administration indicates that it will terminate Work Permits (EADs) for H-4 Spouses of H-1B Workers
The Nebraska Service Center (NSC) has advised that, due to the high volume of incoming premium processing requests, H-4 I-539 and H-4 I-765 EAD applications that are concurrently filed with premium H-1B petitions before the April 3, 2017, premium processing suspension may not be adjudicated concurrently with the I-129 and within the prescribed 15 days. Due to the rapid influx of premium requests, I-129 adjudicators are focusing first on the I-129 so that it can be processed in accordance with the premium requirements. When a decision is made on the I-129, any H-4 and EAD applications are sent to another team, which should adjudicate them within a week or two. Once the surge is over NSC expects to resume fully working all applications submitted concurrently with the I-129.
NSC has advised that if no notice has been received on a riding I-539 or I-765 by the end of April, applicants or their attorneys can contact the National Customer Service Center to place a Service Request.
Mr. Srinivas Kuchibhotla, the victim of a hate crime in Kansas City, appears to have held an H-1B professional work visa. Unfortunately, with his death, his wife’s H-4 Dependent visa (which Ms. Dumala appears to hold) would normally be terminated by U.S. Immigration. We should urge USCIS and Congress to offer her and anyone else affected by such a tragic situation a “Survivor” H-4 visa option to continue to reside in the U.S. following the death of an H-1B family member, if they wish to.
“I don’t know if this is the right platform to talk about this. But, the government has to make sure that I can come back to this country at my will to pursue his dreams of me being successful…me being successful in any field that I choose. And I have to fulfil his dreams, right here where he started.” – Ms. Sunayana Dumala
Further, because Mr. Kuchibhotla in his professional capacity as a Garmin Engineer was doing his part to “Make America Great Again”, we ask the @realDonaldTrump to issue a strong condemnation of the racist and xenophobic motivations that led to this violence.