Change of status from F1 to H4 denied.Wondering abt my options


My F1 OPT expired Jan-2013 and I filed for change of status from F1 to H4 during the 60 day grace period. Today, I got the COS denied. So, I will be going to India for H4 visa stamping.

1. Will the change of status denial influence my H4 visa approval at the consulate?

2. Will I be counted as out of status from when my OPT expired (Jan-2013) or after the 60 day grace period

  1. What was the reason for COS denial?

  2. You are considered in a status of authorized stay while COS is pending. Anytime spent in US after COS denial date is out of status period.

The notice says it is denied due to abandonment. It says they issued a request for evidence, providing you 30 days in which to respond. But, I never got this in the mail. I even called the customer service last month to get an update on the case. They never mentioned about the RFE to me.

I am thinking of filing a motion to reopen. Not sure what other options I have

Please advice.

The street address on the denial notice was misspelled which is why I think I never got the RFE, although the original receipt had the right address. I called the customer service and they opened an Expedited Service Request under Administrative Error. They said I would hear back within 5 business days.

I was able to get through to a USCIS officer over the phone, but he could not pull up the RFE to see what it was for. Right now, I have to decide if I should wait to hear back from USCIS or leave right away.

I am not sure if leaving right away would be considered as an abandonment

Any advice!

You should consult an attorney ASAP to know if you can continue to stay in US while all this is sorted out.