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COS from H4 to F1 and spouse is going to home country.

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  • COS from H4 to F1 and spouse is going to home country.

    Dear all,

    I am on H4 and I want to apply for COS to F1. My university will issue me I-20 by mid march for Fall semester 2009 (August 2009).

    In the mean time, my spouse (who is on H1) wants to go to India for a vacation for couple of months due to bad economy. My spouses project is ending on March 16. I don't want to accompany my spouse because I want to apply for COS from H4 to F1. I have following questions:

    1. Is that okay, if I stay here in the absence of my H1 spouse while USCIS process my COS?

    2. Do I need to submit my spouse's latest salary slips in my application to USCIS. I will have salary slips until March 2009. But once she goes back to India, I won't be having salary slips. So incase, if I receive RFE in between, I won't be able to provide latest salary slips.

    3. We are also changing our apartment on March 31. Can I write my new address in my COS application before we move or is it advisable to file COS after we move. on 31st of march, my spouse will go to India and I will move to new address.

    Please provide your suggestions. I think my COS status case is little complicated. Thank you all in advance.

  • #2
    Can anyone please provide any input? thanks

    Comment


    • #3
      1. Its ok as long as she is getting paid and in status.
      2. You don't need to submit payslips if you are changing to F1. Very less chances of need to submit the payslips. Does your wife really want to take a chance of going to india with out payslips. My friend was asked his payslips at the port of entry 2 weeks ago when he was coming back. If you are honest and in status it doesnt matter if they ask pay slips or relevant documents.
      3. Write your current address. Inform USCIS of Change of address once you move.

      Comment


      • #4
        Originally posted by honestimmigrant
        2. You don't need to submit payslips if you are changing to F1. Very less chances of need to submit the payslips. Does your wife really want to take a chance of going to india with out payslips. My friend was asked his payslips at the port of entry 2 weeks ago when he was coming back. If you are honest and in status it doesnt matter if they ask pay slips or relevant documents.
        Incorrect. Payslips of a H1b shows that the H4 held valid status until then. This is required for any COS as proof of valid status till the COS application is needed before adjudicating any status changes an/or extensions. Payslips have to be provided and if not, will result in a RFE.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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