H4 to F1 denial. Next step

[pseetha]

Hi,

My spouse was on H4 visa last year (2017) and her visa along with her I-94 were valid till August 2017. She got an admission in one of the dental schools in US and started her dental school on H4 visa status in May 2017. She applied for a COS from H4 to F1 in June 2017. COS was pending with USCIS since then and today we happened to look at the denial status when checked online. We are still waiting for denial letter from USCIS that states the reason for denial. 

 

As my wife's H4 along with her I-94 expired on the same day, that is August 2017, we are worried if that is the problem for rejection. 

 

Not sure if she can continue with her dental school until we receive the reason for denial? Should she inform the international office right away or is it better to wait till we get denial letter? 

[satya2k1]

Apply for her H4 extension immediately.  The option to check is to have her travel across the border and enter the USA with new H4, I-94 under AVR rule. If she is using AVR, make sure that she carries your valid I-797.  I am not sure if she can use AVR with expired I-94.

[newacct]

49 minutes ago, satya2k1 said:

Apply for her H4 extension immediately. 

They generally don't accept Extension of Status applications filed when the person is already out of status.

49 minutes ago, satya2k1 said:

The option to check is to have her travel across the border and enter the USA with new H4, I-94 under AVR rule. If she is using AVR, make sure that she carries your valid I-797.  I am not sure if she can use AVR with expired I-94.

Automatic revalidation admits someone to the remainder of their I-94 period. Her I-94 is already expired -- there is no remaining period on her I-94.

 

 

[newacct]

On 5/14/2018 at 3:50 PM, pseetha said:

Hi,

My spouse was on H4 visa last year (2017) and her visa along with her I-94 were valid till August 2017. She got an admission in one of the dental schools in US and started her dental school on H4 visa status in May 2017. She applied for a COS from H4 to F1 in June 2017. COS was pending with USCIS since then and today we happened to look at the denial status when checked online. We are still waiting for denial letter from USCIS that states the reason for denial. 

 

As my wife's H4 along with her I-94 expired on the same day, that is August 2017, we are worried if that is the problem for rejection. 

 

Not sure if she can continue with her dental school until we receive the reason for denial? Should she inform the international office right away or is it better to wait till we get denial letter? 

Unless the denial was in error and she can get it reopened or something, she would have to go back to her country of nationality and apply for a new visa (H4 or F1).

[pontevecchio]

AVR implies a current I94. The OP NEEDS to first consult a lawyer and then have her leave and return with a H4 visa.

[satya2k1]

23 hours ago, newacct said:

They generally don't accept Extension of Status applications filed when the person is already out of status.

Automatic revalidation admits someone to the remainder of their I-94 period. Her I-94 is already expired -- there is no remaining period on her I-94.

 

 

Thanks for clarifying.  I wasn't 100% sure if one can use AVR with expired I-94.