H1 to F1 cos denied


prabu.d

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My H1B expired(6 years over) on 29-March-2014, and I already applied COS to F1 on 31-Jan-2014 thru USCIS ELIS

 

Then got RFE on F1 on 09-Sep-2014(had 33 days to reply the RFE). I replied RFE on 30-Sep-2014. 

 

By then my H1 processing started(as PERM, I140 got cleared) and H1B COS was applied on 02-Oct-2014 based on F1 pending application.

 

On 16-Oct-2014, my F1 was denied with reason that RFE was not responded in time. This should be administrative mistake(I even called the Customer care no. and raised ticket and got email confirming the same denial notice). And my H1 COS got RFE about my immigration status.

 

F1 was applied the USCIS ELIS(online) and was getting processed in Vermont service center, but my H1 was being processed in California service center

 

By the way, my wife is on H1B status and worst case I can change to H4 visa. 

 

 

Following are some of the option I have

 

1) Appeal against my Denial notice, with the RFE response USPS tracking no. and signed proof. But, not sure whether I can stay in US while this processing is going on. And I am not sure how long this appeal process will take

 

2) Leave the country. I am not sure how long can i stay. And come back on H4 status and reply for the H1B RFE. 

 

3) As my F1 got denied, reply to H1B RFE explaining the USCIS administrative error. But, not sure whether i can stay in US while this processing is going on.

 

I also want to make sure that i am not extending my stay illegally and need to make sure that my green card processing wont get affected by this. 

 

As my current status is complicated, please suggest me the right approach. 

 

 

 

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