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  • RFE for change of status from H4 to F1

    Hi All,

    I had applied for a change of status from H4 to F1 and have now received the RFE (Request for Additional Evidence) saying the below.

    1. Your application indicates that you have been away from your home country for an extended period of time. Provide documentary evidence that you have an employment in a foreign country and that you have been authorized vacation or leave of absence for the period of time already spent in the United States and requested on your application.

    2. Submit justification for remaining in the U.S. to study instead of attending an institution in your home country.

    3. Submit proof for all residential addresses in the U.S. i.e. telephone bills, utility bills, rent receipts, etc, since arrival in the US. Provide proof of current address and telephone number. Bills for cellular phone are not valid proof of address.

    4. Submit document(s) and translation(s) of proof of residence in the country to which you plan to return after completing the proposed language training program.

    My background for you to get an idea:
    Came to US in Jan 2011 on H4 visa
    Previously working in India, but quit job before coming to US with my husband
    Started school in Sept 2012 on H4 visa - pursuing MS in Management Information System

    Has anyone seen any query like this before? I really don't understand:
    Point 1 : I'm not on leave of absence or vacation, no idea what made them write that
    Point 2 : In the letter I had clearly mentioned my husband is here that is why I want to stay in this country
    Point 3 : I do not have SSN, so do not have any of the bills in my name. Had previously provided all the docs in my husbands name + marriage certificate + our joint tax returns which has my name and address
    Point 4 : what does proposed language training program mean? I-20 clearly states I'm doing MS in Management Information System


    Has any one seen anything similar to this? Any help will be highly appreciated.

    Thanks in advance!

  • #2
    athon

    Hi broncom,

    Did you answer for this RFE? I too got the same RFE and don't know what documents to submit.

    If you answered for this, please please let me know.

    Thank you very much!

    Comment


    • #3
      RFE for change of status from H4 to F1

      Hi All,

      In the same Boat.

      Did anyone of you answer for this RFE?

      If YES please SHARE.

      Thank you very much!

      Comment


      • #4
        hi, i also got the same 4th rfe like u. what docs did u submit for query 4
        Originally posted by broncom View Post
        Hi All,

        I had applied for a change of status from H4 to F1 and have now received the RFE (Request for Additional Evidence) saying the below.

        1. Your application indicates that you have been away from your home country for an extended period of time. Provide documentary evidence that you have an employment in a foreign country and that you have been authorized vacation or leave of absence for the period of time already spent in the United States and requested on your application.

        2. Submit justification for remaining in the U.S. to study instead of attending an institution in your home country.

        3. Submit proof for all residential addresses in the U.S. i.e. telephone bills, utility bills, rent receipts, etc, since arrival in the US. Provide proof of current address and telephone number. Bills for cellular phone are not valid proof of address.

        4. Submit document(s) and translation(s) of proof of residence in the country to which you plan to return after completing the proposed language training program.

        My background for you to get an idea:
        Came to US in Jan 2011 on H4 visa
        Previously working in India, but quit job before coming to US with my husband
        Started school in Sept 2012 on H4 visa - pursuing MS in Management Information System

        Has anyone seen any query like this before? I really don't understand:
        Point 1 : I'm not on leave of absence or vacation, no idea what made them write that
        Point 2 : In the letter I had clearly mentioned my husband is here that is why I want to stay in this country
        Point 3 : I do not have SSN, so do not have any of the bills in my name. Had previously provided all the docs in my husbands name + marriage certificate + our joint tax returns which has my name and address
        Point 4 : what does proposed language training program mean? I-20 clearly states I'm doing MS in Management Information System


        Has any one seen anything similar to this? Any help will be highly appreciated.


        Thanks in advance!

        Comment


        • #5
          I submitted bank docs in my name from India and parental property docs. Also specified that it is not a language training course I'm doing here, but a Masters Degree.

          Originally posted by Pradnya Shende View Post
          hi, i also got the same 4th rfe like u. what docs did u submit for query 4

          Comment


          • #6
            F1 visa

            Hi,

            I got my F1 approved. It took 15 days to get approved after answering RFE.

            Comment


            • #7
              Originally posted by athon View Post
              Hi,

              I got my F1 approved. It took 15 days to get approved after answering RFE.
              Please what did you submit for 1?

              - - - Updated - - -

              Originally posted by Monalisa Chati View Post
              I submitted bank docs in my name from India and parental property docs. Also specified that it is not a language training course I'm doing here, but a Masters Degree.
              what did you say for the live of absence??? , I am on B visa and did not work before, please help me??

              - - - Updated - - -

              Originally posted by broncom View Post
              Hi All,

              I had applied for a change of status from H4 to F1 and have now received the RFE (Request for Additional Evidence) saying the below.

              1. Your application indicates that you have been away from your home country for an extended period of time. Provide documentary evidence that you have an employment in a foreign country and that you have been authorized vacation or leave of absence for the period of time already spent in the United States and requested on your application.

              2. Submit justification for remaining in the U.S. to study instead of attending an institution in your home country.

              3. Submit proof for all residential addresses in the U.S. i.e. telephone bills, utility bills, rent receipts, etc, since arrival in the US. Provide proof of current address and telephone number. Bills for cellular phone are not valid proof of address.

              4. Submit document(s) and translation(s) of proof of residence in the country to which you plan to return after completing the proposed language training program.

              My background for you to get an idea:
              Came to US in Jan 2011 on H4 visa
              Previously working in India, but quit job before coming to US with my husband
              Started school in Sept 2012 on H4 visa - pursuing MS in Management Information System

              Has anyone seen any query like this before? I really don't understand:
              Point 1 : I'm not on leave of absence or vacation, no idea what made them write that
              Point 2 : In the letter I had clearly mentioned my husband is here that is why I want to stay in this country
              Point 3 : I do not have SSN, so do not have any of the bills in my name. Had previously provided all the docs in my husbands name + marriage certificate + our joint tax returns which has my name and address
              Point 4 : what does proposed language training program mean? I-20 clearly states I'm doing MS in Management Information System


              Has any one seen anything similar to this? Any help will be highly appreciated.

              Thanks in advance!



              Hello , i was wondering what you replied on point 1 , I got the same RFE and was not working, I am not sure what to say , please help me!!

              Comment


              • #8
                Your B visa is the issue here. You entred on a B visa which means you have a life(job, home, family etc) in your home country and now you say you want to change status in the US. That is the issue. They have checked your previous records and seen your details.

                B to F-1 is usually not recommended. Contact your school DSO ASAP

                Originally posted by lilichou View Post
                Please what did you submit for 1?

                - - - Updated - - -



                what did you say for the live of absence??? , I am on B visa and did not work before, please help me??

                - - - Updated - - -






                Hello , i was wondering what you replied on point 1 , I got the same RFE and was not working, I am not sure what to say , please help me!!

                Comment


                • #9
                  Originally posted by nehs View Post
                  Your B visa is the issue here. You entred on a B visa which means you have a life(job, home, family etc) in your home country and now you say you want to change status in the US. That is the issue. They have checked your previous records and seen your details.

                  B to F-1 is usually not recommended. Contact your school DSO ASAP
                  Thanks for your reply! I contacted the school and they said that they never had a situation where they ask all these questions for a student. they say that usually they will just ask for proof of funding.

                  Comment


                  • #10
                    Originally posted by athon View Post
                    Hi,

                    I got my F1 approved. It took 15 days to get approved after answering RFE.
                    Hi Athon,

                    I got the same RFE and since you are the only one who got the F1 after responding. Could you please let me know what all did you send for each point?

                    Comment


                    • #11
                      Hi athon

                      Originally posted by athon View Post
                      Hi,

                      I got my F1 approved. It took 15 days to get approved after answering RFE.

                      I also got the same RFE. Can you please tell me what documents you have submitted to answer RFE?

                      - - - Updated - - -

                      Originally posted by sammy77 View Post
                      Hi Athon,

                      I got the same RFE and since you are the only one who got the F1 after responding. Could you please let me know what all did you send for each point?
                      Hi...

                      I also got RFE with all those points. Can you tell me what documents you have submitted to answer that RFE?

                      Comment


                      • #12
                        Hi Broncom,

                        Did your F1 visa get approved? how did you over this RFE? any tips and advice will help.

                        Thanks

                        Originally posted by broncom View Post
                        Hi All,

                        I had applied for a change of status from H4 to F1 and have now received the RFE (Request for Additional Evidence) saying the below.

                        1. Your application indicates that you have been away from your home country for an extended period of time. Provide documentary evidence that you have an employment in a foreign country and that you have been authorized vacation or leave of absence for the period of time already spent in the United States and requested on your application.

                        2. Submit justification for remaining in the U.S. to study instead of attending an institution in your home country.

                        3. Submit proof for all residential addresses in the U.S. i.e. telephone bills, utility bills, rent receipts, etc, since arrival in the US. Provide proof of current address and telephone number. Bills for cellular phone are not valid proof of address.

                        4. Submit document(s) and translation(s) of proof of residence in the country to which you plan to return after completing the proposed language training program.

                        My background for you to get an idea:
                        Came to US in Jan 2011 on H4 visa
                        Previously working in India, but quit job before coming to US with my husband
                        Started school in Sept 2012 on H4 visa - pursuing MS in Management Information System

                        Has anyone seen any query like this before? I really don't understand:
                        Point 1 : I'm not on leave of absence or vacation, no idea what made them write that
                        Point 2 : In the letter I had clearly mentioned my husband is here that is why I want to stay in this country
                        Point 3 : I do not have SSN, so do not have any of the bills in my name. Had previously provided all the docs in my husbands name + marriage certificate + our joint tax returns which has my name and address
                        Point 4 : what does proposed language training program mean? I-20 clearly states I'm doing MS in Management Information System


                        Has any one seen anything similar to this? Any help will be highly appreciated.

                        Thanks in advance!

                        Comment


                        • #13
                          Originally posted by athon View Post
                          Hi,

                          I got my F1 approved. It took 15 days to get approved after answering RFE.
                          ATHON could you please let me know how did you respond to the rfe..I have the same rfe..please reply

                          Comment


                          • #14
                            RFE received on H4 to F1 visa status change

                            Hi All,

                            I had applied for a change of status from H4 to F1 and have now received the RFE (Request for Additional Evidence) saying the below.

                            1. Correspondence - Reason for Visit
                            Submit a letter explaining in detail why 1) you are requesting an extension of stay, and 2) the purpose for which you were admitted has not yet been achieved.

                            A statement regarding the reasons and justification for returning to school at this time, and an explanation regarding how such schooling would benefit you upon your return to your home country.

                            Submit proof for all residential addresses in the United States, i.e., telephone bills, utility bills, rent receipts, etc., since arrival in the United States. Provide proof of current address and telephone
                            number. Bills for cellular phone are not valid proof of address. Submit copies of document(s) and translation(s) of proof of residence in the country to which you plan to return after completing the program.

                            2. Employment - Pay Stub
                            Submit evidence to establish that the principal H-1B beneficiary has met the maintaining of status requirement. You may provide a combination of the following or similar types of evidence. Such evidence may include but is not limited to:
                            • Copies of the beneficiary's pay records (leave and earnings statements, and pay stubs, etc.) for the last two pay periods prior to the filing of the present petition;
                            • Copies of the beneficiary's most recently issued payroll summary, W-2, evidencing wages paid to the beneficiary;
                            • Copy of any employment history records, including but not limited to, documentation showing date of hire and dates of job changes, i.e. promotions, demotions, transfers, layoffs, and pay changes with effective dates; and/or
                            • Statement attesting to the beneficiary's current employment status, performance, and/or work history.
                            EVIDENCE PERTAINING TO THE FILING OF THE APPLICATION
                            A change of status may not be approved for an applicant who failed to maintain the previously accorded status or where such status expired before the application was filed. However, the regulation governing timely filing of a request for a change of status allows that USCIS may exercise its discretion and excuse the untimely filing only if the delay meets the following four criteria as stated by regulation at the time of filing:
                            (1) The failure to file a timely application was due to extraordinary circumstances beyond the control of the applicant or petitioner, and the Service finds the delay commensurate with the circumstances;
                            (2) The alien has not otherwise violated his or her nonimmigrant status;
                            (3) The alien remains a bona fide nonimmigrant; and
                            (4) The alien is not the subject of removal proceedings under 8 CFR part 240 In the present case you have provided insufficient evidence to establish that the delay was due to extraordinary circumstances beyond your control. Therefore, submit a written statement explaining why the application was not filed until after your authorized stay had expired and submit evidence to
                            substantiate your claim that the delay was due to extraordinary circumstances beyond your control.
                            3. Financial - Bank Statements
                            You are required to show that you currently have the financial means to pay for the course of study and living expenses for your first year of study. Submit evidence that you have immediate funds
                            available to you to pay for your tuition and living expenses for the first year of study as indicated on your SEVIS Certificate of Eligibility for Nonimmigrant Student Status (Form I-20). Such evidence
                            includes but is not limited to:
                            - Money in a checking account and/or savings account;
                            - Other cash assets; or
                            - Affidavits of support from a sponsor.
                            In addition, you must substantiate that you will have the financial ability to pay for your course of study and living expenses for the entire period of study as indicated on your I-20. Submit evidence
                            that there is money or financial assistance available to you for tuition and living expenses for the remaining course of study. Such evidence includes but is not limited to:
                            - Stocks;
                            - Bonds;
                            - Affidavits of support; and
                            - Other financial documentation, etc.
                            If you have a sponsor, have your sponsor submit a statement or Affidavit of Support specifying the contributions he or she will make on your behalf. Your sponsor should submit documentary evidence that he or she is able to provide immediate funds for your first year of study, as well as an ability to provide support for the duration of your studies. When you log into your USCIS Electronic Immigration System (ELIS) account, you will be presented with a list of possible document(s) you can submit. Please upload those documents that best respond to the evidence requested in the notice. You must submit the requested evidence within 33 days from the date of this notice. If you do not respond, USCIS may deny your application. Please note the required deadline for providing a response to this Request for Evidence (RFE). The deadline reflects the maximum period for responding to this RFE. However, since many immigration benefits are time sensitive, you are encouraged to respond to this request as early as possible but no later than the date provided on therequest.
                            You need to submit all of the evidence at one time. Submission of only part of the evidence requested will be considered a request for a decision based upon the record. We are unable to grant additional
                            time for submitting evidence.

                            Can you please let me know if any one recieved tne same query, responded for same and get approved your F1?

                            Comment


                            • #15
                              H4 to F1 Timeline and RFE - Approved

                              Hello All,

                              I got my wife's H4 to F1 approved yesterday, a bit lengthy but happy ending. Thought will give the timeline here so it will be helpfull to all.
                              May 1st 2015 - Process started with University, they took more than 2 months to give all the required documents.
                              July 27th 2015 - Finally after tens of followups, Submitted all the documents to university to post to USCIS.
                              Aug 10th 2015 - USCIS received the docs, univ took ten days to send the documents.
                              3 times raised quiery to USCIS for status, no luck.
                              Dec 29 2015, finally USCIS send the RFE letter with below questions
                              1) Sevis status shows CANCEL --> University is supposed to update the status of DEFER within 60days of application, failing automatically Sevis will update the status as CANCEL. This is what happened.
                              2) As Univ took ten days time to send the post, USCIS asked the proof of spouse employment for that ten days.

                              Jan 12th 2016: Submitted the required documents.
                              Dec 30 2016 - USCIS Approved the H4 to F1 COS.

                              Hope this helps.
                              Whoever applies, make sure that your university defers your status in sevis within 60days else, your status will automaatically be changed to Cancel and you will get RFE on this.

                              Comment

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