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

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.

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Attorney answers 4

Best Answer
Posted

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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

I check all the documents that the attorney sent in and it appears that the new I-20 (post opt) was included in it, however the documentary proof was not., do you think that matters. Your answer was very helpful. Thank you

Posted

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

Posted

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. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

Posted

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 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

Asker

Posted

Can we file for another H-4 or should file the motion.

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