RFE for H4 to F1

S

shalinisudhir

New Member
This is to all the imm. gurus out there, need help!!!
I got a notice of action requesting some further documents and two statements -
1. one stating that I intended to go back to the country of origin after I complete my studies and my question is that if I have a valid H4 and I am converting to F1 why should I go back after I complete my studies or state as such? Am I not eligible to stay here untill the principal H1 is valid and is here?

2. the second statement asked me why I intend to carry on further studies in U.s and my question is how can i convice them that i need F1 to study here when my H4 itself allows me to study here. My only reason to shift to F1 is that I would be getting p.t at the end of it and that i can work 20 hrs part-time on campus but i guess i cannot state those reasons on the statement.

Can someone who went thru similar situation help me in this and give me a sample of those statements. THANKS a ton in advance
 
No Title

I was in quite a similar situation. I intended to change from H4-F1. But I changed my plans last minute because according to my lawyer, changing of status from H4 - F1 would effect Green Card processing(through my husband). F1 has non-immigrant intent and H1/H4 has long time immigrant intent. So if your applying for Green card along with ur husband, this should be a problem ! Be careful.
 
Shalini, details pls

Shalini,

Can you give some details regarding your application like receipt date (RD), Service center, RFE RD?

I have recently applied for COS H4 to F1 and want to track the INS processing time. My info: RD 03/08, NSC.

Thanks.
 
application details

Filed in feb.2002. rfe recieved on april 12 th 2002. vermount service center.

deepti we have no intentions of filing for a green card at the present moment. so any suggestions from anyone are welcome.
thanks
 
RFE

Hi, you could say that you want to attend school in F1 status since it will enable you to get some work experience while you are attending school, like doing some research work which will be helpful in getting a job in your home country once you go back after school, that is because you have an advanced degree and also some experience by the time you are done with your school.

CAN YOU GIVE US ALL SOME INFO AS TO WHAT DOCUMENTS DID YOU FURNISH WHEN YOU FIRST APPLIED FOR A COS AND WHAT ALL DOCUMENTS OR INFORMATION WAS ASKED FOR IN THE RFE. THIS WILL BE A GREAT HELP TO ME ALL THOSE WHO ARE IN THE PROCESS OF APPLYING FOR A COS. Thanks.
 
Shalini, my 2 cents...

1. Since you are transferring to F1 from H4, you are in the process of giving up your dependent status on the principal H1. Once the COS to F1 is approved, the H4 is no longer valid. So you cannot claim a right to stay because the pricipal H1 stays here.

2. You can mention "a probable opportunity to do an on-campus job, or research that can be substituted for work experience. This job can improve your job prospects in your home country."

PS. Not legal advice.. pls confirm it with the International Sudents office of your school.
 
H1 to F1

Hi arjun,
   I had applied for a change of status from a H1 to an F1 visa status at the Vermont Service Center on Dec 26th, and got my appoval on April 9th. I spoke to an officer over the phone prior to my approval, and this is what he had to say:
"Regarding I 539\', some of the key things we look into are the time frame of the application. Normally if you had applied within 10 days of your layoff, you should be ok, provided you have submitted your I-20, Financial Documentation, and all copies of prior H1\'s and approval notices. You had mentioned that you were on an F1 visa earlier. That should not hinder your application in anyway. Make sure that you have NEVER gone out of status in any period of time while in the US".
The documents I had submitted are:
 - I-20 (All copies)
 - I-94 (Original Copy)
 - Letter of Approval from the University
 - Proof of Financial Documentation. (I had also attached a letter from my dad showing proof of support)
 - My previous F1 visa documents (Previous I-20, OPT copy)
 - All copies of my H1 prior approvals (A copy of the complete set of documents you recieved from your lawyer)
 - Letter of intent stating why you want to come back to F1 again.

I had forgotten to attach any pay stubs with my application, but fortunately no call was made to ask them, I did have copies of all my pay stubs starting from the 1st on campus job I took at the University on my previous F1.

Hope all this information helps,
Praveen
 
follow up

We recently checked the status for H4-F1 that my wife filed and the dreaded message of RFE came. We are pretty worried now. What happened to your case? What did you do?
 
Are seperate statements required?

Hi,
As I am in the process of gathering required papers for the RFE, I wonder if we have to prepare separate statements, like one for intent to return to home country, and another for,reason to pursue the present course of study, and yet another for present statement of my educational or employment status, since these questions are given separately in the RFE?
A prompt reply will be most appreciated.
Thanks.
 
can you pull back? shalinisudhir please reply!

I think one letter with explanations to each query should be fine. As we have not yet recieved the letter by mail, we are yet to do any paperwork. When do you plan to send this in? Is there a deadline?

I have one important question: Can we pull the paper saying that we are fine with H4 itself???? In our case, it does look like we will be better off with my wife going part time rather than full time. We have a 1 year old. Big mistake to have applied. What a headache.
 
got RFE .. notice not yet received

I have also received an RFE for H4 to F1 COS. But I have not yet received the letter ..

Shalini,

Could you post the exact wording of the questions as in the RFE?
 
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