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H4 with previous out of status on F1

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  • H4 with previous out of status on F1

    I came to USA for studies on my F1 visa. After graduation I had filed for my opt which got denied as the school DSO forgot to update my sevis record on time. Within 3 week of my opt denial( received denial 4 month after graduation) I left the country. I am soon marrying my long time bf and will be applying for my H4 after marriage. I had consulted few lawyers when my opt got denied and they stated I went out of status when my opt was denied. I have read on few forums I could have actually gone out of status 60 days after graduation. In any case based on few forum discussion I have to state this clearly in DS 160. I went through the DS 160 form few time but could not find a section where I enter this information. I want to make sure I answer DS 160 truthfully. Can someone guide me to the section please.

    Any help is greatly appreciated.

  • #2
    If this was purely because of the DSO's mistake, you were not in violation of your status. In fact you should have tried to correct the records then and there itself. You can answer questions accordingly.
    This is my opinion and not legal advice.

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    • #3
      I have a letters of support from school DSO, DEAN, Director of my program and have stellar academics. I thought about reinstatement into master program but while I wait for USCIS decision, I had to pay out of pocket as I wont be in student status. USCIS can take 6 month or more to make a decision. I have full funding from school for my grad course and expenses out of pocket were taxing. I am getting married soon and would like to spend money wisely. I can take courses on H4 or switch to F1 if I have to take advantage of the availed assistant ship.

      I will carry the letter from DSO and faculty with me during my h4 interview. I am just not sure where I enter the violation information in DS 160. No matter who's fault it was I still have to declare it in DS 160 as per the law and to avoid future issues. Just not sure which section I address it in.

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