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

USA L1, L2 Visa
1

Hi,

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

Thanks
2

  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.

3

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.

4

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!

5

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