madmaximus Posted October 11, 2013 Report Posted October 11, 2013 Dear Members, My wife was here on an H4 visa. She got thru a reputed university and we had applied for COS from H4 to F1. We had received a RFE for this and we submitted the required documents using fedex. We also got a delivery confirmation. However, USCIS did not update their system with the additional documents and sent us a denial stating RFE documents were not received. We visited the USCIS field office (Infopass) and the officer there suggested filing for a motion to reopen as it was USCIS' fault. However, it appears it could take anywhere between 3 months to 2 years for a case to be reopened. So we were wondering whether it would make sense to apply for a motion to reopen or should we refile? Appreciate you all taking the time to reply!!
jairichi Posted October 11, 2013 Report Posted October 11, 2013 Dear Members, My wife was here on an H4 visa. She got thru a reputed university and we had applied for COS from H4 to F1. We had received a RFE for this and we submitted the required documents using fedex. We also got a delivery confirmation. However, USCIS did not update their system with the additional documents and sent us a denial stating RFE documents were not received. We visited the USCIS field office (Infopass) and the officer there suggested filing for a motion to reopen as it was USCIS' fault. However, it appears it could take anywhere between 3 months to 2 years for a case to be reopened. So we were wondering whether it would make sense to apply for a motion to reopen or should we refile? Appreciate you all taking the time to reply!! Talk to an immigration attorney and proceed accordingly.
t75 Posted October 11, 2013 Report Posted October 11, 2013 Why not just exit for stamping and reentry?
rahul412 Posted October 11, 2013 Report Posted October 11, 2013 However, it appears it could take anywhere between 3 months to 2 years for a case to be reopened. So we were wondering whether it would make sense to apply for a motion to reopen or should we refile? Appreciate you all taking the time to reply!! MTR takes time. Since you have already got the required docs, better to take an interview appointment and enter into US with F1.
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