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  1. #1
    Join Date
    Oct 2008
    Posts
    7

    Default Re: Was in F-1, Applied to H4 but Denied, and Now I'm Out of Status - What to Do

    Thank you so much for info!
    Her H4 was neither granted nor stamped. It was rejected because she did not maintain the F-1 status according to the letter. However, she was in F1 status when the new I539 was applied. If there is no appeal process what kind of relief that I could expect?

    Ben

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Was in F-1, Applied to H4 but Denied, and Now I'm Out of Status - What to Do

    The easiest thing is for her to should return to your home country and appear for stamping as one normally would for an H-4 visa. It sounds like only a change of Status was denied; this is not unusual for someone who did not maintain their status. It is likely a timing issue where your definition of in status does not match that in other records. Don't fight the process; just take the easy way out and get the stamping.

    What is the status of the children? If they did not receive COS to H-4, they have the same issue.

  3. #3
    Join Date
    Oct 2008
    Posts
    7

    Default Re: Was in F-1, Applied to H4 but Denied, and Now I'm Out of Status - What to Do

    Thank you so much. Really appreciate your advise!
    As you correctly guessed, my children have the same issue. FYI, She has applied for the H4 on 21st December. That is during the winter break.

    As you said, we are planing to go back to home country and face for visa interview. She has two options. F1 and H4. We also prefer H4.

    Will this denial issue affect her H4 visa stamping process? Do they have access to these records? Can we apply for the same visa which was denied from USCIS?

    Please help me understand my main concern about this problem!

    Thanks again

    Ben

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