H4 - F1 - H4 - Intent To Deny Letter


#1

Hi all
My wife was on H4. She decided to join a school andhence converted to F1. In the mean time she was pregnnt and baby was born on June 2014. The shool said to rejoin by Aug 5 deadline or the sevis status will be expired. She could not go back due to health conditions, hence I filed a change f status on Aug 1 2014 from F1 to H4. On Feb 10 I received a letter from USCIS saying intent to deny since she is no longer having F1 validity. Her H4 visa is valid and stamped till June 2015
Please please please help me what should I do. My question is:

  1. Should she be on F1 status at the time when USCIS is reviewing status ( i.e Feb 6th 2015) and not before applying COS i.e on Aug 1 2014?
  2. I filed the chang of status on Aug 1 where the deadline from the school was Aug 6th, did I do something wrong ?
  3. What documents ca I reply USCIS back with, my deadline is March 11 2015 ?
  4. If she goes out of the country and comes back will he H4 status be reinstated ? If yes will these past months (Aug 1st 2014 - F3eb 6th 2015) be reinstated too ? Will this affect her green card process, I have my 140 Approved already?

Please help.


#2

First of all, be cool!! you will be fine. It sounds like USCIS didnt identify that your wife is IN-STATUS(As per the school re-join letter) at the time of your F-H COS filing. You dont need to worry. But make sure that you had the following documentation to prove your proper filing

1) Her current (at the time of filing) F1 status

2) School letter to join on or before Aug 5th

3) Your posting of petition(may be Fedex receipt OR tracking number etc)

4) If you guys receive a receipt number of the COS filing.

5) If possible, a letter from the doctor mentioning her health condition of not being back to school(optional but works real good if required)

Keep these papers in place and in order before responding to the NOID.

Having said that, You did ecerything good on your part. It looks like USCIS is thinking that your wife has been OUT OF STATUS on F1 for a while. All you need to do is to nicely present that she WAS IN-STATUS before and at the time of your COS filing.

Now coming to your questions:

  1. Should she be on F1 status at the time when USCIS is reviewing status ( i.e Feb 6th 2015) and not before applying COS i.e on Aug 1 2014?

No. She must be In-status on and before your COS filing.
2. I filed the chang of status on Aug 1 where the deadline from the school was Aug 6th, did I do something wrong ?

No
3. What documents ca I reply USCIS back with, my deadline is March 11 2015 ?

Read my reply above
4. If she goes out of the country and comes back will he H4 status be reinstated ? If yes will these past months (Aug 1st 2014 - F3eb 6th 2015) be reinstated too ? Will this affect her green card process, I have my 140 Approved already?

Going out and coming back into US doesnt make any changes to the already past history of her profile. You dont need to do this since as per your posting, you did everything correct, its just a clarification that you need to give to USCIS. But for your information, if someone is having some bad immigration history, they left out and entered back into US, if US allows them at POE into US, their past history would be given up(at least from i485 for EB cases point of view).


#3

thanks a lot sir, you are a panic reliever I must say. Will do as advised. may god bless you.