Hi Legal Experts,I applied for a COS from H4 to F1 on 07/24/17 for fall 2017 session, while my H4 was valid till 20/02/18 via Vermont centre, I just received a denial notice from USCIS on 07/06/18 referring to
1- Tile 8, CFR, Section 214.2(f)(5) (i) [My take on it: As I was already in US, I suppose it doesn't apply]
2- Tile 8, CFR, Section 248.1(b) - stating "Your initial period of authorised stay expired on 02/20/18 more than 30 days before your report / program start date i.e., 08/27/18, these additional days are in excess of the statutorily required period & result in your failing to maintain a valid non-immigration status, as required" [My take on it: I certainly maintained my H4 status, applied for COS in time / being is status, and as the response time was long from USCIS hence I had to get the 1-20 revised a couple of times till the current one issued for program start date as 08/27/18, additionally once a case is pending from USCIS one remains in status any ways???]
a) While waiting for a response from USCIS on my 1-539 did I incur any unauthorised stay? If not,
b) Can I apply for MTR in this case?, if yes,
c) While the MTR is under review can I stay in US legally?
While the timely filing of the COS was a period of authorized stay.
The COS required the H4 status to be maintained until the F approval date by filing an H4 extension of status pending the F COS.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
You appear to have been caught in a new 'bridging' policy.
It is possible that they made a mistake ... the policy is still fairly new.
Talk to an attorney, your facts are too complex for a general information blog like this one.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
USCIS expects you to file another petition to bridge the gap. Consult with an attorney about your options at this stage.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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