H4 COS RFE - Explain delay in filling COS I539


shahsikant.jain

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Hi All,

I am in dire need of some valuable suggestions from you.My Wife's COS was from L2 to H4 got an RFE with following reason...

"You filed this application on April 2, 2011; however, your authorized stay expired on October 19, 2010, the date your spouse's status changed from Ll to HlB. Please submit a statement explaining the delay in filing this application."

Unfortunately it has been a combination of bad advise from my employer who didn't think it was important to file my wife's COS with mine and my lack of knowledge combining several other things.

Now challenge is we have a 28 days old newborn so I still need to get her passport,PIO done to send mother and child to India.

Given all this I am concerned on the timeline for how long my wife is out of status.Is it more than 180 days?

What would be advisable to respond to RFE and appeal (considering an inevitable denial) so the clock don't tick for out of status stay and I get time to prepare my child's travel docs?

What is the likelihood of my wife's H4 getting into 221(g) mess if she goes out and go for stamping given the situation we are in?

help me out with your thoughts and views on the situation.

Regards,

Shahsikant

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I am also in the same situation.

I changed from L1 to H1 Status in Mar 2011, but my wife is still on L2, as my employer didnt apply for COS for my wife.

Now I am transferring H1 to another employer, and he is asking for H4 approval for my wife to process my wife's H4 for my transferred H1 and thats when I realised that it would be a problem.

Did you find out a soln to your issue? If yes, please provide me with suggestions.

Thanks

Kartik

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Hi All,

I am in dire need of some valuable suggestions from you.My Wife's COS was from L2 to H4 got an RFE with following reason...

"You filed this application on April 2, 2011; however, your authorized stay expired on October 19, 2010, the date your spouse's status changed from Ll to HlB. Please submit a statement explaining the delay in filing this application."

Unfortunately it has been a combination of bad advise from my employer who didn't think it was important to file my wife's COS with mine and my lack of knowledge combining several other things.

Now challenge is we have a 28 days old newborn so I still need to get her passport,PIO done to send mother and child to India.

Given all this I am concerned on the timeline for how long my wife is out of status.Is it more than 180 days?

What would be advisable to respond to RFE and appeal (considering an inevitable denial) so the clock don't tick for out of status stay and I get time to prepare my child's travel docs?

What is the likelihood of my wife's H4 getting into 221(g) mess if she goes out and go for stamping given the situation we are in?

help me out with your thoughts and views on the situation.

Regards,

Shahsikant

r u still coming online on Murthy... I need your suggestion,  I am in the same boat.. Pls reply back if you see my comment

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