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Rajesh Kanchan

COS - H4 to F1

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My daughter is turning 21 years old this month (24th Jan 2019), so far she is on H4 and I have filed for COS from H4 to F1. But with the F1 processing dates retrograded I don't think we will hear back from USCIS on the COS. She is already enrolled in the program.

Now if the don't get the F1 Approval by 24th Jan:

1. Will she be able to continue her school

2. Is she allowed to stay in the U.S. as her COS is pending. If not then what is that need to be done?

Any help / guidance in this regard is highly appreciated.

 

Thanks & Regards,

 

 

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I will piggy ride on Pontevecchio's opinion. My son too is in a similar kind of situation. He visited a US consulate in India for his F1 stamping and he was denied. Fortunately, he had a valid H4 visa, he is back and can attend school till August, as he turns 21 then.

I am in the process of talking with attorneys, schools officials, and this is the information I gathered so far.  (I can not guarantee any of this, as I am still scouting around). If USCIS does not make a decision before kids like ours turns 21, they will go out of status. One of the options is a bridge - kids can  convert to a B2 (subject to approval), and stay here legally till they get to know of the decision (I am not sure of the time they can stay on a B2). The downside of this option, however, is that they cant attend school on a B2.

If this helps,...... I also wrote to one of my senators, seeking their help. All that they told me is that they can assist us in a limited manner. They are ready to send a letter to the embassy a day or two ahead of the scheduled interview to "introduce"ourselves and to ask for full and fair consideration based on the laws they must follow.

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As you will discover, some letter from a senator carries no weight towards a positive decision...section 214b still applies to ALL F1 applicants....no matter what some senator writes on a piece of paper....this notion of 'introducing' oneself is meaningless...what is the letter supposed to say that the CO doesn't already know?

I do not know why some people attach some importance to such a letter....I never did while a CO...for good reason.

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Thank you for your inputs. I had a lil bit of hope on this Senator's letter, but your opened our eyes to the reality. A helpless father out here, trying all that he can to keep the family knit together.

Actually, our second son is blind and has a lot of mental challenges and both of them get together very well. We migrated to this country only for him. I explained this situation to our senator and thought this could help us, if the senator was kind enough to let the CO know of our situation.

Thank you, once again, not just for this advise to us, but on behalf of all the user who post in this forum. Very much appreciated, Sir.

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