I need some advice on an issue am facing with regards to my spouse and child’s H4 change of status application. Below is the timeline of events.
- I am in USA on an O1 visa. My company filed for my H1B in April 2019 and my application was selected in the lottery.
- Subsequently they filed change of status application for my spouse and child (2 applicants) on 19th September 2019.
- My H1B was approved on 23 September 2019.
- My spouses and childs H4 application was returned to us on 4th October 2019 because of the following reason:
- Appropriate fees not paid for the number of applicants.
- USCIS thought that the application was for my wife and 2 children, while I have only 1 child.
- They listed the name of my child twice on the rejection letter stating that there were 3 applicants.
- I don’t know if this is an USCIS error or an error on the part of my lawyers who filed the application.
- We refiled the application on 10th October 2019 with a cover letter stating that there are only 2 dependents (1 spouse and 1 child).
- USCIS rejected this application on 16th October 2019 for the following reasons:
- Signature page missing on form I-539A
- My lawyers claim that the signature page was present in the sent application, but since the application was printed 2 sided USCIS missed scanning the 2nd page.
- We filed the change of status application for the 3rd time on 24 October 2019 which was finally accepted for processing by USCIS.
Given this background my question is the following:
Since the change of status application was finally accepted by USCIS after October 1st what are the changes that this application will get approved?