Status abruptly changed back from F1 to H4

[vivek107]

Here is the timeline for the course of events for my wife's visa:

Jun-2013: I changed job within US and the new employer filed for H1B for me on premium and H4 for my wife in normal processing

Jul-2013: My wife got her I-20 from a reputed university for a 9 months course

Aug-2013: She traveled to India and came back to US within a week after getting her F-1 stamped

 

We did not request USCIS to withdraw the original application for H4, assuming that it will be automatically cancelled once my wife leaves US.

 

Mid Nov-2013: We received an approval for H4.  

Late Nov-2013: We traveled to India and came back to US within a week. She was trying to find we did not know that her status has been changed to H4 and was held by Custom & Border Protection. University helped us and Custom & Border Protection allowed her to enter on F-1 on form 515A, after a new SEVIS was generated.

 

I have the following questions:

1. When my wife left US in Aug, shouldn't her COS application have been cancelled automatically. Why was it still approved?

2. Is there a way that this H4 approval be abandoned, and she goes back to the original Sevis. Her course ends in May. According to the new Sevis, her F1 status will look like to be only for 6 months.

 

I am looking for further legal assistance in this matter.

 

Thanks and Regards,

Vivek

 

 

[t75]

Nine month F1 is not good for much. What is the concern?

[pontevecchio]

You should be talking to a Lawyer if there are any concerns. Firstly status applies only in the USA. Hence if she enters on a F1 visa she would be in F1 status from then on. The H4 EOS is immaterial to entry into the country. One enters on a H4 visa or a F1 visa to get the appropriate status. Legal Assistance in the USA is only provided by Lawyers and hence give the firm of Murthy a call.

[shekar11#]

First of all looks like you applied for your wife's H4 extension but not a change of status (COS). Only a COS status will be abandoned by USCIS. You should have withdrawn your H4 application when your wife went for F1

[pontevecchio]

Post #4 says it all.