H4 to F1 Change of Status


#1

Hello,

Thanks in advance for sharing your inputs to clarify our immigration Queries.

I applied for H4 to F1 Change of status in August 2018. I received RFE now and have few questions to get clarified before responding to the same

.
Below mentioned are some of the evidences that USCIS requested in the RFE letter. My questions for each evidence is mentioned as follows,

  1. “Submit evidence for making arrangements to depart US upon completion of my temporary stay”.
    In this, they are asking us to submit evidence that includes airline ticket or proof of departure transportation arrangements or evidence of fund necessary to secure timely departure from the United States. My Question here is how can i respond to this as this evidence requested is something i wont be able to produce at this point in time? Please advise.

  2. “Submit documentary evidence that you have been authorized vacation of leave of absence for the period of time already in the US and requested on the application”
    In this case, they are asking me to submit evidence for vacation or leave of absence. I believe this is applicable for those who were working in India before coming to US. I have never worked before in India and travelled to US on H4 visa after marrying my husband. It would be helpful how i can respond back to this.

  3. If you are an independent business person, submit documentary evidence to explain how you are able to manage the business while you are in US.

    I believe this is also not applicable. Do i need to respond back to this by my handwritten letter or something like that?

  4. In additional, submit a statement and evidence detailing the effect your extended stay in the US will have on your foreign residence.

    How should i respond to this query? Do I have to submit a letter stating how it would impact my residence in India. In fact, my residence in India is my parents home and not sure how this evidence can be produced. Any inputs on this would be great.

  5. Other immediately available cash assets;
    Does Cash Asset include only dollar cash that i have on hand? or does it can be anything else like 401K or Stocks that my spouse owns?

  6. Also there are several evidences where we are sending letters. For example, they requested for recent I797 of my husband. Since my husband changed his employer, his H1 visa transfer and extension is in progress. We only have a proof of receipt notice to submit. So in place of recent I797, we have decided to submit his receipt notice along with old I797’s that were issued since his first entry in United states. My questions here are,
    In any way, attaching additional documentation would be considered too much and ignored by USCIS?
    Also, we are planning to attach a letter written and signed by my husband mentioning his current visa situation. Does these kind of supporting documents are okay to share when responding to RFE? Need your expert guidance here. Thanks
    Evidences where they asked for ability of my spouse to support my education, we are going to send a letter explaining how my husband would be able to support with his earnings, 401K and Stocks. Is this fine?

Kindly share your thoughts on above so that it helps me to document the evidences properly. Appreciate your support.

Regards,
Sellve


#2

It sounds like a wrong RFE list was issued by USCIS.
Those questions should be for B2 (visitor’s) visa but not for F1 visa.
Please consult a lawyer.
If you answer any of the above questions, its like an idiot is talking to another idiot.
Just consult a lawyer before replying anything.


#3

I am applying from H4 to F1 as well and got the same question which says “submit a statement and evidence detailing the effect your extended stay in the US will have on your foreign residence”

What was your response to USCIS for this question?