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F1 Cpt To H4 Denied

Discussion in 'Nonimmigrant Visa Applications' started by chandra999, Oct 5, 2016.

  1. chandra999

    chandra999 New Member

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    Hi



    On august 5th I filed for H4 and H4 EAD concurrently which was denied . Denial notice says that I did not maintain valid F1 non immigrant status because I transferred to another university from university in Jan 2013.



    I was given f1 visa on Kent state where I never registered as I had better options from another university I had to transfer .Kent state did not object the transfer and sevis was transferred to another university .I finished my course at other university and was awarded a master degree . An opt and Opt extension was approved by USCIS upon finishing my masters .

    I travelled to India while I was pursuing masters in stratford and was not questioned of it maintaining the status by DHS.

    Upon completing opt period I enrolled in another masters degree in va university and USCIS has approved Cpt program with the degree . Sevis is still active

    I got my license extended (which happens only when you are in status )

    Social security was issued in 2014 and I did not face any issue there .

    Today USCIS has denied change of status to H4 and claim I was not maintaining my F1 non immigrant status .

    I could like to know my options

    Whether to file motion to reopen or Go to India get H4 stamped ?.



    If I file a motion and if that is refused , what kind of consequences I'm going to face and how will it impact my H4 stamping in India then?

    .Current status : F1 on CPT

    If I file a motion to re consider which will take 30- 60 days ,am I allowed to work in the period ?

    What are the chances of wining this case ?
     
  2. Richard Harding

    Richard Harding Registered Users

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    Hello,

    Without reviewing the denial and documents submitted to USCIS, it's impossible to give a realistic analysis of your chances of success. If you would like GIP to evaluate a motion to reopen, please provide a copy of the denial notice, RFE issued by USCIS, and any documents you submitted to USCIS for your applications. You may send them via email to rah@gotcherlaw.com.

    If you file a motion to reopen, which USCIS denies, then you will remain out of status. You will not be authorized to work until the H-4 EAD is approved as USCIS has determined that you have failed to maintain for F-1 status. You may accrue unlawful presence in this situation which would jeopardize your ability to get any kind of visa and return to the US.

    Traveling and receiving a visa from a US consulate would likely be faster than the motion to reopen based on current India visa wait times at US consulates.

    Richard A. Harding
     
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