Received denial notice of I-539 (from F1 to H4). Please tell what went wrong.

Asked over 1 year ago - Houston, TX

Received denial notice of I-539 (from F1 to H4). I was on opt which got expired on June 30 2012. On June 28 2012 I got the I-20 by transferring to school and currently going to school. My wife's H1B has a validity date of 10/01/2012. The USCIS give the following reason of denial.

Your non immigrant status expired on June 30, 2012 plus the 60 day grace period afforded to those in a F- 1 (student) status, your authorized stay ended on August 28 , 20l2. You are requesting to change your status to H-4 dependent of a H-1B non-immigrant worker. Your spouse's has validity dates of 10/01/2012 to 09/30/2015.

Change of status is denied because you have failed to maintain your non-immigrant status prior to the beginning validity date, l0/01/2012, of your spouse's H-1B non-immigrant status.

Attorney answers (4)

  1. Gen Kimura

    Contributor Level 18


    Lawyers agree

    Answered . I agree with my colleagues.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  2. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . You got denied simply because at the time you applied, you failed to provide documentary proof that you were still in valid F-1'status by providing USCIS your latest I-20 showing your status did not lapse.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Christian Schmidt

    Contributor Level 19


    Lawyers agree

    Answered . It appears that you did not include the latest I-20 as proof of your status past OPT.

  4. Shah Iqbal Nawaaz Peerally

    Contributor Level 19


    Lawyers agree

    Answered . I will agree with my colleague. Please see if you can reopen the case. Or you can just leave and get a stamp on your passport for H4. If you already have a stamp on the passport (a valid H4 visa), you can just leave and come back.
    Good Luck

    Shah Peerally, Attorney at Law President of Shah Peerally Law Group PC Newark CA Important: The above is... more

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