H4 to F1 COS - Denied (Need Help)


Sri_crux

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Hi,

 

My wife applied for COS from H4 to F1 this April and today she got the application status as denied and mentioned below as the reason.

"

Unfortunately, after thorough review, USCIS has determined that you have not met the eligibility
criteria to extend your stay or change your nonimmigrant status. A detailed explanation follows.
Title 8, Code of Federal Regulations, 214.2(f)(5)(i) states in pertinent part:
...An F-1 student may be admitted for a period up to 30 days before the indicated report
date or program start date listed on Form I-20....
Title 8, Code of Federal Regulations, Section 248.1(b) states in pertinent part:
... a change of status may not be approved for an alien who failed to maintain the
previously accorded status ...
The Student and Exchange Visitor Information System (SEVIS) Certificate of Eligibility (Form I-20)
that you submitted lists your program start date as August xx, 2015. Your nonimmigrant status
expired on December xx, 2014 , which is more than 30 days before the program start date. A
search of U.S. Citizenship and Immigration Services (USCIS) databases does not reveal any other
application or petition filed by you, or on your behalf, that would extend your previously
accorded status to within 30 days of the anticipated start date of your classes.
The request to change your nonimmigrant status is denied because you failed to maintain your
nonimmigrant status to within 30 days of the program start date. This decision is without
prejudice to consideration of subsequent applications to extend/change nonimmigrant status
filed with USCIS."
 
Looks like they just checked her last H4 visa stamp or I-94 date(which was expired in 2014). But she got her H4 renewal before that which expires in 2016 (CBP I-94 is not showing the latest date as she didn't travelled out of country). She did attached her latest H4 approval along with her COS(I-539) application. But I don't understand why didn't they looked at new H4 approval notice which has new I-94 date.
 
Please help her in next steps, what does she can do to ask USCIS to consider/look at H4 renewal notice(new I-94) or prove that she maintained legal status throughout her stay.?
 
How long does this process takes if need to reopen or reconsider case?
 
Thanks in Advance.
 
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