COS H4- F1 denied due to RFE sent to wrong service center.

[mrs1723]

I started school on H-4 in Jan 2013 and applied for COS H4- F1 on Oct 23, 2013. I received RFE in the matter on Jan 2014 asking me to reply before Feb 11 2014. I replied to RFE in details with supporting documents and It reached USCIS on Jan 28 2014. The biggest mistake I did was to send the reply to RFE on Dallas Lockbox instead of Vermont center. I also called them twice to confirm if they received my documents and once I also asked the agent to put a query on my case about receiving documents. It was told to me that they do not have that details and I need to wait for 60 days to hear from them. One agent had put the query for me and told me that it will take 15 days for them to reply on the query. 

 

And on Feb 27, 2014 i received denial on my COS. They never received my documents. My worry now is that I intend to do summer internship starting this May but I understand that I can not do that on H4 visa status. 

 

What should I do now ? 

 

1. Can I write a letter to Vermont Center to reconsider the decision and explain my case. will they allow my argument and re look into the matter? 

 

2. file a MTR and explain my case. Which would take additional 3-6 months. 

 

3. Re apply COS which would also take another 3-5 months. 

 

4. Re apply from India which would save time but will they look into the matter before coming to decision as one denial should not lead to another. 

 

I was also reading about 5 days expedited process incase of COS was rejected only on the base of RFE abandonment (which honestly is not the case). will I be able to explore this option ?

 

Also is there anyways to use Infopass meetings in such case where I can meet USCIS official to explain my situation and save my and their time on reworking the entire application.

 

I am willing to appoint an immigration lawyer but I wish to understand the options from as many experts as possible. Kindly reply.   

 

 

[rahul412]

 

I am willing to appoint an immigration lawyer but I wish to understand the options from as many experts as possible. Kindly reply.   

That should solve everything.

BTW, you said summer internship. So internship just after finishing one semester??

[jairichi]

I started school on H-4 in Jan 2013 and applied for COS H4- F1 on Oct 23, 2013. I received RFE in the matter on Jan 2014 asking me to reply before Feb 11 2014. I replied to RFE in details with supporting documents and It reached USCIS on Jan 28 2014. The biggest mistake I did was to send the reply to RFE on Dallas Lockbox instead of Vermont center. I also called them twice to confirm if they received my documents and once I also asked the agent to put a query on my case about receiving documents. It was told to me that they do not have that details and I need to wait for 60 days to hear from them. One agent had put the query for me and told me that it will take 15 days for them to reply on the query. 

 

And on Feb 27, 2014 i received denial on my COS. They never received my documents. My worry now is that I intend to do summer internship starting this May but I understand that I can not do that on H4 visa status. 

 

What should I do now ? 

 

1. Can I write a letter to Vermont Center to reconsider the decision and explain my case. will they allow my argument and re look into the matter? 

 

2. file a MTR and explain my case. Which would take additional 3-6 months. 

 

3. Re apply COS which would also take another 3-5 months. 

 

4. Re apply from India which would save time but will they look into the matter before coming to decision as one denial should not lead to another. 

 

I was also reading about 5 days expedited process incase of COS was rejected only on the base of RFE abandonment (which honestly is not the case). will I be able to explore this option ?

 

Also is there anyways to use Infopass meetings in such case where I can meet USCIS official to explain my situation and save my and their time on reworking the entire application.

 

I am willing to appoint an immigration lawyer but I wish to understand the options from as many experts as possible. Kindly reply.   

Simple. Exit and enter US with a F1 visa.

[mrs1723]

That should solve everything.

BTW, you said summer internship. So internship just after finishing one semester??

I am in 3rd semester right now. I applied for COS when i was in 2nd semester, which took 4 months processing time. 

 

I was to join school in Fall 2013 as i had to collect some documents from India before applying for F-1 but in Dec 2012 my university offered me to join in Spring 2013, which I opted on H-4(for not loosing time). I went to India in May 2013 and returned with all required doc to apply for COS. consolidated documents and applied in OCT 2013 which was processed and rejected on feb 27 as they did not receive my reply to RFE (i sent to wrong center by mistake). 

[mrs1723]

Simple. Exit and enter US with a F1 visa.

I was thinking the same as it would save the processing time of 4 months. my only concern is would It be a question in India that why I did not continued to apply from US and why did I went to India to reapply. 

 

My H-4 expires on Oct, 2014 and my Husbands Company would start the procedure for renewal in April. If I process my F-1 from here then my F-1 and H-4 would be under process at the same time. 

 

But if i go to India and get the F-1 in march then there will not be any need for my H-4 application at all.