Problem with applying H-4 from F-2 status and I-290B problems

[littlejonny 0]

Hi, I am in a pretty complicated position. Right now, I have a F2 visa which is basically a visa for family members of a student. In 2002, my father who has the F1 visa was granted his visa and thus my visa is also granted since we are suppose to be together when we filed the applications. However, it seems in Aug 2003, there was a new law (note this law was passed after I receive my F2) that states all F2 dependents must be issued a “Depend Copy of the SEVIS Form I-20, Certificate of Eligibility for Nonimmigrant Student Status”. According to the law and to me best understanding so far, my father and I was suppose to be issued new I-20’s. However, we never received any letters from the school which is suppose to issue our I-20’s. In fact, we did not know this law until a few months ago when my father applied for an H-1 visa and an H-4 visa for me as the family member.

As it turn out, my father got his H-1 visa but I didn’t get my H-4 because I did not have a I-20 which is suppose to be issued to me according to the law that was passed in Aug 2003. On retrospect, it seems my father received his visa because he has the original I-20 which includes my name as well. However, this I-20 is officially for him only. Thus my father got his H-1 visa because he has his I-20 but I didn’t because I didn’t have the NEW I-20 that was suppose to be mailed to me from the school.

Now my H-4 application was rejected and my only route out of this is by submit a I-290B or a Motion to Reopen to support my thesis that since I never received my I-20, I should not be rejected. In fact, I hold my F-2 status this whole time but did not have an official I-20 to prove I have it. To best of my knowledge, before the new law, F-2 dependents are not supposed to have an I-20 all to themselves.

Like I said, this is truly a complicated position for me, if anyone who is reading this can give me any support in anyway please reply to this post. Any help will be greatly appreciated.

PS: if you know anything about the I-290B Motion to reopen, please inform me on the details. By searching the online forums a bit, I realize a lot of K-1 applications that were rejected were advised to also file a I-290B for reconsideration and a lot of advised that were given by the internet community is to call the congressmen and senators for support. If you know something regarding to this process, please inform me.

Not sure if this is in the right section...

[Boiler 45,940]

I would ask the Lawyer who handled your fathers H1. H4's I seem to remember woud only go to age 21.

[littlejonny 0]

i try to go to my father's lawyer but the lawyer seems to have no idea on this situation either. If any1 know some good lawyer in CA who is good in student visas, please let me know as soon as possible. Thanks