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Can one apply for COS ( H1 B to F2 )while waiting for H 1 B RFE result from USCIS having I 94 expired ?

Stafford Springs, CT |

My wife's H 1 B I 94 Expired on 08/31/2012. Her employer filed H 1 B extension having receipt n 08/ 27/2012. She got RFE in october having to reply before 01/25/2013. Now can she apply for F 2 prior to 01/25/2013 considering there are almost no chance that employer would respond to the RFE or even he does there are chances of getting denial what are the chances of getting COS approved for H1 b to F 2 ?. What happens if in case she files I 539 and her H1 B gets denied? . And after that her COS from H1 B to F 2 gets denied.?

I am on Student VISA F 1 and Have been lawfully maintaining the status. And I have never been out of statu, no misconducts and have clear school records.

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Attorney answers 1


It will probably be denied because you cannot ride on a pending status. You might be able to leave and pick the F2 outside the United States. At this point, it is imperative you talk to a lawyer before leaving.

Shah Peerally, Attorney at Law Phone (510) 742 587 President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887

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