2 Mistakes of USCIS

[wiweq]

I want to share my experience with USCIS. Recently I faced two mistakes from USICIS. Below is the summery:

• On August 31, 2011 I got laid off from Fulltime job.
  
• On Sept 10th 2011, I applied for COS to H4 starting from Oct 1st, 2011. My wife's H1b was starting from Oct 1st, 2011. I planned to file cos to F2 first but my wife's status was already changed to H1b since April 2011, time of filing her H1b. It was USCIS's mistake # 1. She should be on F1 till Sept 30, 2011. Her DSO raised a ticket to change her status from H1b to F2 till Sept 30.
  
• Got the COS to H4 receipt on Oct 3rd.
  
• Got a job again and H1b filed with H4 COS receipt on Oct 15
  
• Got RFE on Oct 30th
  
• GotCOS H4 denial on Nov 3rd, saying that my H1b was revoked on Aug 15th and I should leave the USA asap. As per the letter, I didn't give any details about my status from Aug 15th to Sept 9th. There was no appeal on that decision. I Contacted to my ex FT employer. They told me they revoked my H1b on Aug 30 only. They aslo sent me the receipt of the same too. On the letter it was clearly mentioned that my H1b was revoked on Aug 31. It proved to be USICS's mistake # 2.
  
• On Dec 11 my H1b got approved.
  

Thanks.

[pontevecchio]

Good. I would point out you still had a few days gap OOS (August,30 to September,10) and the same people did use their discretion and kept you in status eventually.

[livliv]

The change of status from F1 to H1 is probably in SEVIS that you are talking about. It is immaterial. You still needed to apply for F2 for the period between last day of work and H1 start date.

Aug 15 or Aug 31 does not matter. Both the dates are still before Sep 9, the receipt date for change of status.

[wiweq]

//The change of status from F1 to H1 is probably in SEVIS that you are talking about. It is immaterial. You still needed to apply for F2 for the period between last day of work and H1 start date.

//

If the student is in not in F1 status, spouse cannot file for F2 visa as the current I20 of the student is needed to file F2. If the SEVIS system shows student's status as H1b, the current I20 won't be generated and COS to F2 is not possible.

//Aug 15 or Aug 31 does not matter. Both the dates are still before Sep 9, the receipt date for change of status.//

It does matter. I agree that I was delayed by 9 days for applying COS, but USCIS put me of my out of status for 15 days (from Aug 15 to Aug 31) for no reason. My concern is about those 15 days. I never told that denying my COS was a mistake of USCIS.

USICS is not supposed to show me the date of my last day of my H1b whatever they want. If my employer's H1b cancellation letter shows that my H1b is cancelled on Aug 31, how can USCIS make it Aug 15?

Even if I had applied COS on Aug 31^st, it would have been denied for those out of status 15 days. Because it was a decision (no rfe), they don’t accept any evidence or anything.