Change of status from F1 to H4 denied.Wondering abt my options

[screwedup]

Hi,

My F1 OPT expired Jan-2013 and I filed for change of status from F1 to H4 during the 60 day grace period. Today, I got the COS denied. So, I will be going to India for H4 visa stamping.

1. Will the change of status denial influence my H4 visa approval at the consulate?

2. Will I be counted as out of status from when my OPT expired (Jan-2013) or after the 60 day grace period

Thanks

[pontevecchio]

what was the reason for denial?

[screwedup]

Not sure. Still waiting for the notice to arrive.

[screwedup]

The notice says it is denied due to abandonment. It says they issued a request for evidence, providing you 30 days in which to respond. But, I never got this in the mail. I even called the customer service last month to get an update on the case. They never mentioned about the RFE to me.

 

I am thinking of filing a motion to reopen. Not sure what other options I have

 

Please advice.

[pontevecchio]

Talk to a Lawyer first. Then leave ASAP and come back with a H4 visa. This will not impact the H4 visa which depends on the credibility of the person in H1 status. You do not accrue unlawful or illegal stay based on the D/S annotation on your F1 I94 unless an Immigration Judge rules so. In any case go and come back with the visa.

[screwedup]

Thanks for the suggestion.

 

The street address on the denial notice was misspelled which is why I think I never got the RFE, although the original receipt had the right address. I called the customer service and they opened an Expedited Service Request under Administrative Error. They said I would hear back within 5 business days.

 

I was able to get through to a USCIS officer over the phone, but he could not pull up the RFE to see what it was for. Right now, I have to decide if I should wait to hear back from USCIS or leave right away.

I am not sure if leaving right away would be considered as an abandonment

 

Any advice!

[pontevecchio]

The matter has been denied. Leave and come back with the H4 visa. You cannot abandon what has been denied.

[nikunj.rathod2081]

Hi is there any update regarding your case?

I am sailing in almost the same boat 

 

 

Hi Guys /Experts 

My wife came to US on H4 visa in 2012 . I have a valid H1 -B and I ve completed my masters from a good university and currently i am in research field in a semiconductor company. 

My wife's i94 H4 stamping was valid till Oct 2015 ( tied with my H1) . Now , in the meanwhile she enrolled at *** under F1 visa. She completed her coursework in September 2015 and then applied for her OPT. USCIS took a long time for the decesion and on May 4th 2016 they denied her OPT. I tried with my lawyers to file for H4 COS but they said since she has a expired i94 and her OPT was denied , H4 COS is going to be difficult. Their recommendation is for her to leave US ASAP and file for fresh H4. 

This is exactly what we have done. She is in India now and waiting for her visa stamping. However, I would like to get you option on following questions

 

1)  Given her OPT denial, will this affect her chances on getting H4 ? 

     Papers from my side are all clear. No violation etc on my H1 visa. We have all the necessary docs (marriage certificate etc...) We filed taxes jointly since last 3 years . 

 

2) If her OPT gets denied , what other options do I have to get her back here. 

 

 

It was a big mistake on our side to enrol at *** .But we saw people around us got through easily even after graduating from ***. The reason for OPT denial was USCIS was looking for some income proof during her CPT but her CPT was unpaid and a letter stating her unpaid CPT was already provided to USCIS. So I dont know the reason for her OPT denial.But honestly I am least bothered to file a motion as *** is not a reputed college and I don't want to file a motion and wait till my wife accures unlawful stay in US. 

Please help

 

Nikunj