H4 to F1 COS pending - H4 invalid as 21 years completed.

[ckara6]

H4 to F1 COS pending from June 2017,  H4 not valid from September 2017 for child,  as completed 21 years old. 

I am hearing that USCIS is sending request for evidence (RFE) for cases where the prior status is not valid when the change of status application is processed by USCIS.  Even if the prior status (H4) was valid when initially applied for the change of status to F-1. 

Did anyone else face this situation, if so, please share how you handled it.  What are the options for this kind of situation. 

Thanks in Advance. 

[User3456]

Hello, 

my situation is an L2 child (turned 21 in Jan 2018), case recvd Aug 2017.

I’m still waiting for my decision, but I’m flying out in AUG 2018 for consular stamping and decided to withdraw i539 from that day.

please could you share, if you have received any case updates. It would be really helpful.

i have not consulted any attorney yet but please advise if you think attorney consultation would be useful before I fly out.

[ckara6]

On 7/15/2018 at 10:44 PM, User3456 said:

Hello, 

my situation is an L2 child (turned 21 in Jan 2018), case recvd Aug 2017.

I’m still waiting for my decision, but I’m flying out in AUG 2018 for consular stamping and decided to withdraw i539 from that day.

please could you share, if you have received any case updates. It would be really helpful.

i have not consulted any attorney yet but please advise if you think attorney consultation would be useful before I fly out.

Hi, 

My son received Denial for his COS in May 2018 and he went to home country - successful F1 stamping. Took support from University DSO, advice from attorney for his case - that made things clear and easy. 

Good Luck with your petition. 

[kdalwadi]

Quote

My son received Denial for his COS in May 2018 and he went to home country - successful F1 stamping. Took support from University DSO, advice from attorney for his case - that made things clear and easy.

 

Hello Chakra6,

I am in similar situation. Applied H4 to F1 for my Son on 14th June'18 (now realize should have done this when he was 19). Processing time was 2 to 4.5 months at California Center however haven't heard back from USCIS. Processing time showing 7.5 to 10 months now and my son will age out on 20th December (though his recent H4 extension/I-94 has validity till 2021, USCIS probably did it by error). Can you answer below questions as it relates to your son's case.

1. Did you son keep attending the college while his COS from H4 to F1 was under processing and H4 expired in Sep'17.

2. You received denial in May 2018. So basically your son was in the US and attending college till May 2018?

3. What was the reason for denial? Simply because he wasn't in any other non-immigrant status?

4. Within how many days your son left the US for stamping after receiving COS denial.

 

Below is what my attorney is going to do before my son age out on 20th Dec'18.

1. Applying for expedite review citing academic career and financial loss of fees paid so far to get the college degree if COS not approved before 20th Dec'18. Not sure if this will be considered, attorney says only 30% chance......

2. Applying for H4 to B2 while COS from H4 to F1 is pending and the H4 status expires on 20th Dec. This is being done to bridge that gap between the H4 status expiry and the date F1 gets approved/denied. According to the below link and my attorney, this may help more with chances of F1 approval still being here in the US and may not need to go to stamping which is a risk.

I am however being advised not to have my son start his Spring semester in Jan'19 if F1 not approved by then, so basically miss the spring semester.

https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/changing-a-nonimmigrant-f-or-m-student-status

https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/USCIS_Policy_on_Filing_Bridge_Applications_During_COS_to_F-1_or_M-1_Status/

3. Last resort if F1 denied will be to leave the US and go for stamping.

Thanks,

Kalpesh.

 

[sriquestions]

Hello Kalpesh,

I am in similar situation. Applied H4 to F1 for my daughter on September'18. Processing time showing 12 to 15.5 months now in Vermont and my daughter will age out on August'19. I hope you got COS approved for your son. Can you answer below questions as it relates to your son's case.

1) Did you apply for COS (bridge application) to stay?             or

2) Did you go for F-1 visa stamping, if yes how did it go?

Let me know please.

Thanks,

Sri