RFE COS H4 to F1

[meerasach]

Hi,

 

I entered USA in 2012 on H-4 visa. I am currently pursuing full time MBA and due to graduate in December 2014. I started MBA on my current visa status (H-4) and applied for F-1 in August 2013. I recently received a request for evidence in response to Application to extend/change Nonimmigrant status(I539).

 

1. Immigration Petition: on your application, you indicate that an immigrant visa petition has been filed on your behalf. submit evidence of the visa petition that lists you as a beneficiary. Include a copy of the approval notice and a copy of any embassy or consulate notification regarding a visa interview.

 

 

An immigration petition was filed on my father's behalf, however since my father passed away my  immigration petition was not pursued. I had answered Yes to question on form which states that Has an immigration petition ever been filed for you.

 

I do not have supporting documents for immigration petition, I have approximate dates since the petition was filed more than 25 years back and interview call for that petition was scheduled after my father passed away, which was never pursued. 

 

2. Temporary nature of stay: you are seeking a change of status to F-1 student. however, F-1 status is temporary. Please submit a statement in which you describe your intention concerning departure from the United States.

 

Please submit a statement or documentation to establish that you have a foreign residence where you intend to reside at the expiration of your F status. such documents includes utility bills , mortgage statements, rental agreements, current rent receipt. 

 

I have prepared  following documents in response to this query:

• My Bar council identity card with SANAD (enrolment license of Bar Council of India)
• Tax Identification card with tax return documents for past three years
• Maintenance payment receipt for past one year (In family name)
• Bank statement indicating the utility bill payments 

Kindly give your inputs to answer these queries correctly. 

 

 

 

[1954nishant]

Hello , 

 

Looking at your documents i can say you have a strong case with Tax ID and all (though i am not a lawyer , so no legal opinion).

 

What else are you planning to provide and did you consult a lawyer ?

 

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I also received the second part of your query (Temporary nature of stay: ) --- But my case is complicated as i have been in the US On h1b for the past 6 years and then applied for COS to F1 ... 

 

So i don't have any proof to show that i will be returning back to India (i mean how can they honestly expect that someone who has been in the US for the past 8 years will have utility bills , phone bills etc in India ). Also the property I purchased in India is in my parents name. 

 

 

Guys please advise any other documents / ways to repond to our queries!

 

Thanks

meerasach / My

[pontevecchio]

You will also need a statement in plain Language about your future intentions. I would suggest giving yourself the best chance by talking to the firm of Murthy or any of your choice.

[meerasach]

I agree.. I have the same issue as I am in USA since 2012 and I don't have any documents/property to prove or support my statements that I wish to go back to India. Our Families are in India and they have a house but I am not sure will that be a good proof to their query. 

 

Can anyone suggest any other documents. 

[catx]

A person on a F-1 visa is stipulating that they intent is to return to their home country upon completion of their studies in the U.S. Accordingly, for a F-1 visa the USCIS requires that the person show that they have strong on-going ties to their home country as evidence they they intend to return to their home country upon completion of their studies in the U.S. Evidence of on-going ties is typically ownership of property, family connections, financial ties (e.g. bank accounts, etc.). If you have questions on how to present the requested evidence to the USCIS for the best chance of approval, then you should consult with a qualified, experienced immigration attorney.

[valcs007]

Hi,

 

Did you get your F1 visa approved? Please update the status. Accidentally i answered 'YES' to the below question (thinking Adj of status denotes my current COS from H4 to F1) but really i don't have any immigration petition/visa.

 

Are you, or any other person included in this benefit request, currently an applicant for an immigrant visa or adjustment of status?

 

 

I uploaded amendment document explaining my mistake through ELIS.

 

How long did they take to process after RFE response?   Did you hire an attorney to answer your RFEs?

 

Thanks,

[prats23]

Hi ..I applied for Change of status from H4 to F1 on June 25th  2015 and now i got a RFE..

Following documents they have asked me to submit:L

 

Reason for Attending School:

Statement regarding the reasons and justification for returning to school at this time , and an explanation regarding how such schooling would benefit you upon your return to your home country

Submit justification for remaining in US to study instead of attending an institution in your home country

 

Residence in US:

The address provided in application is not within the commutable distance of school location.Provide an explanation..

Provide a list of all address you resided in US. Submit proof of residential address in US including, but not limited to photocopies of complete bank statement, telephone bills, utility bills, lease agreement,mail correspondence from school.Provide proof of current address and telephone number.

 

Residence Abroad:

Submit copy of documents and translation of proof of residence in the country to which you plan to return after completing the programme including but is not limited to photocopies of property deed, mortgage statement, Lease or rental agreement, utilities bills.

 

So For Reason 1  had  already mentioned them reason for pursuing school from US as  getting a masters degree from here would allow me to return to my home country with a recognized degree and assist me in gaining secure & better  employment at home..

 

For Reason 2 : My college is just 20 miles from my home and its within commutable distance.So what residential proof should i submit in this case...(And also all the bills are in my husband's name)

 

For Reason 3 : what proof residence i should provide as i only have a passport as identity proof from my own country...

 

 

 

Thanks

 

[jairichi]

2. Provide proof of all addresses you stayed in US. Don't you have bank or credit card statements or lease agreements?

3. You need to provide again proofs like utility bills, voter's ID, etc.

[prats23]

What reason i should provide for this 

Statement regarding the reasons and justification for returning to school at this time , and an explanation regarding how such schooling would benefit you upon your return to your home country

Submit justification for remaining in US to study instead of attending an institution in your home country

[jairichi]

What reason i should provide for this

Statement regarding the reasons and justification for returning to school at this time , and an explanation regarding how such schooling would benefit you upon your return to your home country

Submit justification for remaining in US to study instead of attending an institution in your home country

How will we know as it is you who took that decision?

[H4toF1RFE]

Hi,

 

I have received similar RFE.

 

I came to USA on H4 visa with my husband. I started school in Jan 2015 and filed for COS from H4 to F1 in Feb 2015.

 

I have received an RFE last week which contains two parts:

 

1. Finances - I plan to attach detail bank statements of my husband for past 3 months along with his pay slips. Bank statements show amount more than that specified on my I-20.

2. Residence Abroad - I do not own any property in India and am in US for past year and half so I don't have any rent receipts or rental agreement. My husband who is my sponsor owns an apartment and we have electricity bills(which has my husbands name) for that apartment. My husband also has written a plain text letter indicating that he doesn't have any objection for me to stay in that apartment after completion of my studies. 

Would it be considered as sufficient proof for my residence abroad?

 

Please advice.