help required asap.
This is the denial decision.
NOTICE OF DECISION
This notice is in reference to the form I-539, Application to Extend/Change Nonimmigrant Status, filed at the California Service Center. The applicant seeks a change of nonimmigrant status to that of a dependent (spouse) H4 of a temporary worker H-1B under 101(a)(15)(H) of the immigration and Nationality Act.
8 C.F.R 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 or whose status expired before the application or petition was filed ...
Further, 103.2 (a)(7)(i) states,
An application or petition received in a service office shall be stamped to show the time and date of the actual receipt and, ... shall be regarded as properly filed when so stamped...
United States Citizenship and Immigration Services (USCIS) records show that the applicant's authorized stay expired on March 30, 2010. However, the application was stamped as received by the California Service Center on Jaunuary 27, 2011. It appears that the applicant changed her status to F-1 only for CPT employment. As the school did not require the students to attend, her F-1 status during the entire period at Tri-Valley University is invalid. Therefore, the applilcant is inelegible for the requested benefit and the applicantion is denied.
There is no appeal to this decision. however, pursant to 8 CFR 103.5, a motin can be filed on Form I-290B. Such motion much be accompanied to by the proper fee and filed within 30 days of this notice.
This decision leaved you without lawful immigration status and you are therefore presend in the United States in the violation of the law. you are required to depart the United States. Remaining in the United States without authroization may affect you rability to return to the United States in the future.
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I have the below questions:
we joined TVU on H4 - Sept 2009.
we filed COS h4 to F1 - 29th march 2010.
we filed F1 cpt - 11th June 2010.
1. Do we need to depart ASAP ?
2. We have all the assignment copies and project work we attended. we only had a trainee NON_PAID position at a company.
3. Would we be barred from the USA for a certain period of time ? what is the law regarding that ?
4. What are our options