Late H4 application


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Hi

 

I graduated on Dec 13th from college (I was working on CPT until 15th Dec and my grade posted on 18th Dec) but college official Graduation for fall was Dec 13th.  I am married , I applied for H4 on feb 18th ( h4 application reached date is feb 18th  to USCIS ). So it is 5 days late for 60 days grace period for change of status because of some miscommunication between Lawyer and employer.

 

On Feb 20th I got receipt number saying that I-539 is filed. On June 12th, I got below RFE notice from USICS.

 

“USCIS is in receipt of the Application to Extend/Change Nonimmigrant Status (Form I-539) that was filed on Feb 18,2014, requesting a change of status for MY NAME. Your application lacks documentation regarding eligibility requirements to establish that you qualify for the benefit you are requesting. In order to process your application, additional evidence is needed.

 

Maintenance of status

In order to be eligible for a change of status while in the United States, you are required to demonstrate that you were maintaining a valid nonimmigrant status at the time of filing for the change of status. Please submit transcripts or other official documentation from your school showing that you were actively enrolled in a course of study engaged in authorized OPT/CPT at the time of filing this application.”

 

I filed for 2 H1’s from different companies on April 1st 2014 and I got Query to prove my status. My SEVIS got terminated by USCIS on April 14th.

 

Could you please answer my following questions/concerns?

  1. I did not apply for any CPT/OPT since I used all of my CPT and OPT by Dec 15, 2013. I was on 60 days grace period when I filed for H4.
  2. Is it a good idea to leave US or stay here until I hear about it further?
  3. Is 5 days a big matter to them or will they accept and what would be the consequences?
  4.  Will this affect my H1 too and further future in US? 

 

 

It would be of great solace and help for me if you can answer me.

 

Thank you

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Maintenance of status

In order to be eligible for a change of status while in the United States, you are required to demonstrate that you were maintaining a valid nonimmigrant status at the time of filing for the change of status. Please submit transcripts or other official documentation from your school showing that you were actively enrolled in a course of study engaged in authorized OPT/CPT at the time of filing this application.”

It's not the matter of 5 days.

Is your CPT part of your F1 program?? That's the RFE all about.

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