RFE COS from H1B to F1

[1954nishant]

Hello , 

 

My 6 years of H1B expired in October 2013 and i had applied for a COS from H1 to F1 to go for an MBA program.

(I previously had a MS in engineering (2005-2007), after which i went to H1 and now again going back to school for a second masters - Self Sponsored)

 

I received below RFE in response to Application to extend/change Nonimmigrant status(I539) :

 

 Temporary nature of stay: you are seeking a change of status to F-1 student. However, F-1 status is temporary and regulations require that an F1 student must establish that he has a residence in foreign country which he has no intent of Abandoning and who seeks to enter the US temporarily and solely for higher education.

 

Please submit 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 , current telephone bills etc. 

 

Guys when they say residence in foreign country does the house / property / bills / mortgage etc has to be in MY NAME or if they in my Parents Name will that be sufficient ?? 

Reason being since i have been in the US for close to 8 years not sure how they expect me to have all these bills in my name. Also i recently purchased some property but again in my parents name ...will that work ?.

 

Please let me know a way to respond to this query 

 

thanks

[t75]

Your parents are the owners - not you. 

[jairichi]

Hello , 

 

My 6 years of H1B expired in October 2013 and i had applied for a COS from H1 to F1 to go for an MBA program.

(I previously had a MS in engineering (2005-2007), after which i went to H1 and now again going back to school for a second masters - Self Sponsored)

 

I received below RFE in response to Application to extend/change Nonimmigrant status(I539) :

 

 Temporary nature of stay: you are seeking a change of status to F-1 student. However, F-1 status is temporary and regulations require that an F1 student must establish that he has a residence in foreign country which he has no intent of Abandoning and who seeks to enter the US temporarily and solely for higher education.

 

Please submit 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 , current telephone bills etc. 

 

Guys when they say residence in foreign country does the house / property / bills / mortgage etc has to be in MY NAME or if they in my Parents Name will that be sufficient ?? 

Reason being since i have been in the US for close to 8 years not sure how they expect me to have all these bills in my name. Also i recently purchased some property but again in my parents name ...will that work ?.

 

Please let me know a way to respond to this query 

 

thanks

Very tough to get this COS approval from H1B to F1. USCIS was spot on in your case. Since you moved from F1 to H1B after doing your master's degree USCIS is of the impression that you trying to move back to F1 (to do another masters) as you have finished your 6 years max on H1B. Wait for others opinion.

[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.

[rahul412]

Guys when they say residence in foreign country does the house / property / bills / mortgage etc has to be in MY NAME or if they in my Parents Name will that be sufficient ?? 

Reason being since i have been in the US for close to 8 years not sure how they expect me to have all these bills in my name. Also i recently purchased some property but again in my parents name ...will that work ?.

 

Please let me know a way to respond to this query 

 

thanks

F1 student is expected to leave US after graduation. After working in US for 6 yrs on H1, how can you prove that you will return after graduation??

 

COS from H1 to F1 is very difficult and in your case you did after 6yrs on H1.