Change of Status H4 to F1 Denied- Help Please!!

[abhi222 0]

My application of COS from H4 to F1 was denied.

I had applied for COS from H4-F1 in january this year. I received the Notice of Denial from USCIS on this year. In between I had submitted RFE - my mother's bank statements and pay slips, and updated I-20.

In the denial letter, it is stated that I have failed to establish the financial ability to sustain myself for the proposed period of study. It looks like, the USCIS has ignored in the application, the Loan documents and my mother's Fixed Deposit statement (other sources of funds to prove financial ability) that I provided in the documents submitted when I first sent in my application in january.

The notice also states in the last paragraph that the denial of I-539 leaves me without lawful immigration status and that I am now present in the United States in violation of the law. I am given 30 days time from the date of the decision - June 8th 2009.

I have a valid H4 visa and I-94 with 8 July, 2009 as end date.

Looking out for options on how to retain my H4 status or other options. Can I apply for H4 extension and Motion to Reopen/Reconsider at the same time? How about I go to India for F1 stamping?

Please help Me.

Edited June 14, 2009 by abhi222

[JimVaPhuong 4,863]

My application of COS from H4 to F1 was denied.

I had applied for COS from H4-F1 in january this year. I received the Notice of Denial from USCIS on this year. In between I had submitted RFE - my mother's bank statements and pay slips, and updated I-20.

In the denial letter, it is stated that I have failed to establish the financial ability to sustain myself for the proposed period of study. It looks like, the USCIS has ignored in the application, the Loan documents and my mother's Fixed Deposit statement (other sources of funds to prove financial ability) that I provided in the documents submitted when I first sent in my application in january.

The notice also states in the last paragraph that the denial of I-539 leaves me without lawful immigration status and that I am now present in the United States in violation of the law. I am given 30 days time from the date of the decision - June 8th 2009.

I have a valid H4 visa and I-94 with 8 July, 2009 as end date.

Looking out for options on how to retain my H4 status or other options. Can I apply for H4 extension and Motion to Reopen/Reconsider at the same time? How about I go to India for F1 stamping?

Please help Me.

First, this site is mostly about family immigration, so I'm not sure how much help you're going to get here.

Your H4 visa was issued only because you were the dependent of someone (presumably one of your parents) who received an H1/2/3 visa. Your H4 visa can only be extended at the same time as the primary H visa is extended. You can't separate your H4 visa from the primary visa and extend it separately.

Given the expiration date on your original I-94, it sounds like the primary H visa is expiring in July. Unfortunately, your H4 visa is going to expire along with the primary H visa.

Perhaps you should consult with an immigration lawyer about appealing your change of status.

[abhi222 0]

Thank you for the quick reply. My Mothers H1 extension is due for renewal in July 2009. can I apply for an extension, i am over 21 years now? What is the alternative otherwise?

Thanks in advance.

First, this site is mostly about family immigration, so I'm not sure how much help you're going to get here.

Your H4 visa was issued only because you were the dependent of someone (presumably one of your parents) who received an H1/2/3 visa. Your H4 visa can only be extended at the same time as the primary H visa is extended. You can't separate your H4 visa from the primary visa and extend it separately.

Given the expiration date on your original I-94, it sounds like the primary H visa is expiring in July. Unfortunately, your H4 visa is going to expire along with the primary H visa.

Perhaps you should consult with an immigration lawyer about appealing your change of status.

[JimVaPhuong 4,863]

Thank you for the quick reply. My Mothers H1 extension is due for renewal in July 2009. can I apply for an extension, i am over 21 years now? What is the alternative otherwise?

Thanks in advance.

First, this site is mostly about family immigration, so I'm not sure how much help you're going to get here.

Your H4 visa was issued only because you were the dependent of someone (presumably one of your parents) who received an H1/2/3 visa. Your H4 visa can only be extended at the same time as the primary H visa is extended. You can't separate your H4 visa from the primary visa and extend it separately.

Given the expiration date on your original I-94, it sounds like the primary H visa is expiring in July. Unfortunately, your H4 visa is going to expire along with the primary H visa.

Perhaps you should consult with an immigration lawyer about appealing your change of status.

I don't think so. You must be eligible under the law at the time the extension application is submitted. Since you are over 21, you are no longer eligible. Also, your extension application has to be submitted at the same time as your mother's. If she hasn't filed yet, then she's cutting it pretty close.

You don't have time to get another visa petition in the pipeline. Your best hope, from my perspective, is to get a lawyer on your F1 application and see if an appeal can be filed quickly.

At this point, I would STRONGLY recommend that you make contingency plans to return to your home country in the event you cannot get this resolved before your mandatory exit date. If you overstay your visa you could end up being banned from the US for at least 3 years.