Intent of denial for H4 to F1

R

rabaru

Registered Users (C)
We applied for COS for my wife from H4 to F1. We were told by my wife's school officials that it is a very simple process. We got Intent of denial from INS. They have asked the reason why we want to change to the status. If we tell that she wants to apply for assistantship, INS is not going to buy that idea.Has somebody else also faces simillar situation?
Thanks,
 
My wife is also going to apply for conversion from H4 to F1... She is applying for a PhD and her school offers tuition and assistenship to all PhD students. I don't see why it's not a valid argument to change the status... Either they allow you to get the assisteship while you are on H4 or they should convert the status with no problem... One other option is to convert the status in a consolate rather than in the US, but it's also risky...
Please keep me updated on your situation... I will also inform you of anything I get from my lawyer whom I am planning to consult.
By the way ... what service center have you applied to?
 
We have applied to TX center.
Unlike your wife, my wife isnot being offered any monetory assistance from her school.However, they have verbally promised to consider her for Fall 05.
and in order to be eligible to be considered for assistantship,she need to be on F1 status in this spring. I will keep you updated.
Thanks
 
rabaru said:
We have applied to TX center.
Unlike your wife, my wife isnot being offered any monetory assistance from her school.However, they have verbally promised to consider her for Fall 05.
and in order to be eligible to be considered for assistantship,she need to be on F1 status in this spring. I will keep you updated.
Thanks
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It doesn't matter that she hasn't been offered an assisteship yet... All that matters is that she can't apply for it as long she is on H4... It will help if you can get a letter from somebody in the University mentioning that she can be considered for assistenship if she has the proper visa status... It doesn't have to show they are commiting to the idea, just considering it ... If you can't get the letter, try the University website... Find anything that proves they usually give assistenship to some students, print it out and attatch it to your letter..

I hope this helps... If I get any other ideas, I will keep you updated
 
I know it's the Holiday Season but any new updates about your wife's visa conversion?
Best of Luck
 
Assistantship is a not valid reason

Dr Sarah said:
I know it's the Holiday Season but any new updates about your wife's visa conversion?
Best of Luck
Click to expand...

Get a letter from School dean stating that.

"The student will not be allowed to under go Optional practical training after graduation which is very very important in this profession unless the student is in F1 status. This kind of training is available only in US and not available in the student's home country"

Attach this letter along with the the RFE, make sure you attach the financial support form duly notorized.

Good Luck
 
great guru said:
Get a letter from School dean stating that.

"The student will not be allowed to under go Optional practical training after graduation which is very very important in this profession unless the student is in F1 status. This kind of training is available only in US and not available in the student's home country"

Attach this letter along with the the RFE, make sure you attach the financial support form duly notorized.

Good Luck
Click to expand...

That's a very good idea... Hope it works
 
Dr Sarah said:
That's a very good idea... Hope it works
Click to expand...
This is not a good idea. This is real thing through my experience. It was done and got successful approval in CA service center a year ago.
 
great guru said:
This is not a good idea. This is real thing through my experience. It was done and got successful approval in CA service center a year ago.
Click to expand...

Ok OK... It's a great idea... oops... I mean a great real thing.... I will use that in my application

Thanks
 
We consulted our attorny, he suggested assistantship can be a valid reason. In our case, the course description mentioned that the student must complete "internship" to complete the degree. We used this to support our argument. Also we rephrased assistanship as an opportunity to work on real life projects. We have submitted our response to INS and we are hoping for the best outcome.
Thanks for all your support and feedback.
 
Dear Friends,
Could you give me some idea How long It takes to convert H4 to F1.
Thanks for the help.
 
asj000 said:
Dear Friends,
Could you give me some idea How long It takes to convert H4 to F1.
Thanks for the help.
Click to expand...

As of the last report from Nebraska ... They are processing Aug 3rd 2004
Hope this helps
 
Can anyone help..

Hi,
I am currently on h1 and my wife is in h4 but doing her masters. she is planning to convert to f1. We know we can apply it directly from USA. In case its denied, will her h4 be automatically cancelled??
In case she gets her f1 is there possibility for her denial during stamping in India?
Also, my greencard is currently in process (Labor). If my wife is on f1 will it affect when I add her name during 485?
Please let me know.
Thanks
 
1. In case its denied, will her h4 be automatically cancelled??

I don't think so, if her H4 doesn't expire. But you should research it some more.

2. In case she gets her f1 is there possibility for her denial during stamping in India?

There is ALWAYS that possibility.

3. Also, my greencard is currently in process (Labor). If my wife is on f1 will it affect when I add her name during 485?

When you file her I-485, she has a choice of maintaining F-1 status by going to school full-time and NOT using her EAD and AP. If she chooses to use EAD and AP based on adjustment of status, she automatically moves to a new status: pending AOS. She can still attend school on AOS, she can work, she can sit at home and do nothing, if she chooses.
 
H4 to F1 need help!!

Hi Rubaru,

Congrats for getting COS. I wanted to know..is it possible for you to send me a copy of the supporting documents you sent showing why you needed to change from H4 to F1. Also, did the college dean easily give you a letter? How long did it take you to get the F1 overall? I am applying to the California Center.
 
after the approval of change of status is I-20 and the approval notice with I-94 card mailed seperately? My case was approved for COS. USCIS sent the I-20 with approval stamp but has not sent a new I-94. We went to the social security office but they said you need a new I-94 as your current I-94 shows your H4 status. I would apprecaite a prompt response in this matter.
 
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