COS H1 to F1 Query for Resident Proof in India

[Tanyashah]

Hi there,

 

My case for I-539 has been updated by USCIS now and They are requesting for more evidence as below :

 

Maintenance Of Status : Asking for most recent pay statements

 

Comments: The last one I have is for August 2013. Then, I applied for F1 and received I-20  in Sept. and applied for I-539 in Oct 2013.  There is one month of gap in between last pay and I-539 application as I was researching for schools. However, my 797 was valid until Feb 2014.

 

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.

 

Comments: I came to US on H1 and worked here for almost 6 years. H1 expired in Feb 2014 but applied for I-539 in October and started going to school.

 

Residence Abroad :

 

Regulations require 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 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, current utility bills, current mortgage statement, current rental agreement, current rent receipts etc.

 

Comments: I have been out of country for over 6 years. I just have my voting card- Pen Card and Ration Card on my name in India. My dad has everything on his name and he can provide a letter saying I will stay with him when I go back to India. I am not sure if they will accept that.

 

Has any one had this query before and had similar situation? Need help!!!

[jairichi]

 

Hi there,

 

My case for I-539 has been updated by USCIS now and They are requesting for more evidence as below :

 

Maintenance Of Status : Asking for most recent pay statements

 

Comments: The last one I have is for August 2013. Then, I applied for F1 and received I-20  in Sept. and applied for I-539 in Oct 2013.  There is one month of gap in between last pay and I-539 application as I was researching for schools. However, my 797 was valid until Feb 2014.

 

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.

 

Comments: I came to US on H1 and worked here for almost 6 years. H1 expired in Feb 2014 but applied for I-539 in October and started going to school.

 

Residence Abroad :

 

Regulations require 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 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, current utility bills, current mortgage statement, current rental agreement, current rent receipts etc.

 

Comments: I have been out of country for over 6 years. I just have my voting card- Pen Card and Ration Card on my name in India. My dad has everything on his name and he can provide a letter saying I will stay with him when I go back to India. I am not sure if they will accept that.

 

Has any one had this query before and had similar situation? Need help!!!

 

Maintenance Of Status : You were out of status during that one month. The moment you stop working and did not file COS you are out of status.

Temporary Nature of Stay : Try to justify. But, I think it is almost impossible after 6 years stay on H1B.

Residence Abroad : Provide all those proofs you have. But, in my opinion it will not be sufficient enough. Your dad's letter is of no use here.

 

I do not think you will get F1 status or visa. Take the help of an attorney.

[JoeF]

For an F1, you have to have a residence abroad that you have no intention to abandon and that you intend to return to when you finish the degree.

That's the law, and it is very well known.

[Tanyashah]

Thank you all. I will consult an attorney immediately.