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Attorney_22

Change of Status Issues

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This week, Murthy Law Firm attorneys will answer questions regarding change of status issues.  

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

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Hi,

I am a student whose H1b got picked in 2020 but approved in 2021. I have two dependents on F2 visa. I have not applied for their COS when my H1b was under process. My thoughts were to apply after I receive the original approval notice. Like planned, I applied their COS from F2 to H4 as soon as I received the approval notice. USCIS received their COS documents on the 29th day after my approval. The problem now is that I recently gathered from a freind that my family was out of status once my H1b was approved. Therefore, their h4 will be denied on the grounds of late application.

Kindly help me to understand:

1) Whether USCIS denies COS applications right away without even considering the case because it was applied after they are out of status? 
 

2) Will my family not given any grace period to make the next move such as COS or leave country? 

3) will they be banned for 3-10 years if uscis does not consider the application for approval? 
 

4) Would not the application be  considered since the main applicant is maintaining status and has immediately applied for dependent COS? 
 

Thanks in Advance! 

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On 4/8/2021 at 3:50 PM, SarPul said:

Hi,

I am a student whose H1b got picked in 2020 but approved in 2021. I have two dependents on F2 visa. I have not applied for their COS when my H1b was under process. My thoughts were to apply after I receive the original approval notice. Like planned, I applied their COS from F2 to H4 as soon as I received the approval notice. USCIS received their COS documents on the 29th day after my approval. The problem now is that I recently gathered from a freind that my family was out of status once my H1b was approved. Therefore, their h4 will be denied on the grounds of late application.

Kindly help me to understand:

1) Whether USCIS denies COS applications right away without even considering the case because it was applied after they are out of status? 
 

2) Will my family not given any grace period to make the next move such as COS or leave country? 

3) will they be banned for 3-10 years if uscis does not consider the application for approval? 
 

4) Would not the application be  considered since the main applicant is maintaining status and has immediately applied for dependent COS? 
 

Thanks in Advance! 

That is correct, if the H1B was approved as a change of status, as of the start of the validity of the H1B status your family would no longer be maintaining F2 status. I strongly recommend you call our office to speak with one of our attorneys knowledgeable in this area to provide you specific advice regarding your circumstances. 

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