COS I539 - H4 - TVU - Intent to DENY

[kan82]

Hello All,

My wife received an RFE, notification with an intent to DENY our I539.

The questions they have asked
1. You joined TVU in Jun 2009 and have taken up CPT on Dec 2009 - Student
must be enrolled full-time prior to CPT.
We had taken CPT in Dec 2009, but had immediately cancelled it.
Unfortunately this does not show up in their SEVIS records.

2. Official Transcripts

3. Grade reports
- What is that?

4. Tuition Payments

5. Books and supplies receipts

6. Evidence of residence around Sunnyvale area

7. Evidence of when and where you started CPT for all employers

Please suggest what we can do.
1. Is there a way my wife can withdraw her application for COS to H4 and
leave to India. So she can later apply for stamping in India. Can I file such a request or can only lawyers do so.

2. What is the most recommended procedure to follow so we can safely return
back to USA.

3. The lawyer we used to file our H4 COS is on vacation and is not responding.

I have valid H1 until Nov 2012.

Thanks.

Kan82

 

[nkm-oct23]

Looks like USCIS suspects that your wife violated her F1 status, like many others who joined TVU. IF you are unable to provide answers to USCIS's satisfaction, it will be difficult for I-539 to be granted. Your wife can apply for a visa stamp in India but her immigration records might have information about her F1 status and she might run into trouble there as well.

Please provide more details of her F1 status - when did she enroll in TVU, was it part-time or full time, what degree course, when did she apply for COS? Did she take employment under CPT? Did she live at the Sunnyvale address that was provided to USCIS?