RFE COS H4 to F1


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I entered United States in April, 2012. I am currently a full time MBA Student and planning to graduate in Dec, 2014. I started MBA in Jan 2013 on my current visa (H-4) and applied to extend/change Nonimmigrant Status (I539). Recently I have received following request for evidence in the said I539 application.

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.


While making the application to extend/change Nonimmigrant Status (I539), I had checked   “Yes” to the question “has an immigrant petition ever been filed for you or for any other person included in this application.”


The Immigrant petition was filed on my father’s behalf in the year 1986 and we received the interview call in September, 1997, however, as my father passed away in June, 1997, we never pursued that application and no communication of any nature ever occurred with embassy. Hence, I do not have any documents related to this petition.


2.Temporary Nature of Stay: you are seeking a change of status to an 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.

Regulation requires that a non-immigrant student must establish that he or she has a residence abroad which he or she has no intention of abandoning.

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 documentary evidence includes current telephone bills, utility bills, mortgage statement, rental agreement, rent receipt etc.


I have prepared following reply with supporting documents to answer this question.


I am a qualified lawyer from India, where I worked for six years. I hereby submit the following documents to prove my intention to return to my home country.

·         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


I or my husband does not have anything in our name in India except the above mentioned documents. Even utilities, house or other bills are in our family names. Kindly give your suggestions or inputs. Do I need to support my application with any additional information? 

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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.

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