H4 COS I 539 with Pending Sibling I 130 Petition

[Jay198213 0]

I am on F1 OPT currently. Admitted as F1 in 2018. 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”

Question:
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.

[Chancy 6,241]

*** Moved from AOS from Work/Student/Tourist Visas Progress Reports to Work Visas forum, where topics related to H4 are discussed ***

 

[milimelo 4,500]

You’re switching from F1 to H4? 
 

Provide any and all A numbers assigned. Of course you’ll answer yes if anyone has ever filed an immigrant petition for you. 
 

I’d focus on your spouse’s H1B visa qualifying you for H4. 

[Jay198213 0]

Thanks for the response. yes switch from F1 to H4. What did you mean by "’I'd focus on your spouse’s H1B visa qualifying you for H4. "  I might be overthinking here but 

 

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?

[milimelo 4,500]

1 hour ago, Jay198213 said:

Thanks for the response. yes switch from F1 to H4. What did you mean by "’I'd focus on your spouse’s H1B visa qualifying you for H4. "  I might be overthinking here but 

 

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?

So can withholding information and marking no when in reality it’s a yes and USCIS can check. 

[Jay198213 0]

No way. I will not with hold any info. Thanks for your response.

 

Just an update- I have only one Alien Number. The other one was my sisters.

Edited April 2, 2022 by Jay198213