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My fiancee came on student visa in jan 2009 and her visa expires on jan 1,2014. She changed schools and majors. She has 2 more courses to finish her masters but she didnt maintained her status since jan 2013 by registering in school. There was not proper communication between her school and her. It was her fault to not knowing/following rules though school has agreed to give her readmission for spring 2014 and international office will provide a letter to help out related out of status. To make matter worse she worked during this time using her ssn assuming she has cpt. So this is her situation went out of status and worked using her ssn. I feel it will be too difficult to justify her working if it comes up in form to fill out or interview. F1 visa seems difficult for her now as it might come up.
My questions from someone in similar situation or experts are-
(1) if she apply for h4 now will any form she fills will ask about past f1 visa violation? If she doesnt talk about her employment can it be justified asshe thought she had cpt?
(2) are there any chance of future rfe's if she transfers to h1 or f1?
(3) does she have chance to enterUS just a week before her current f1 expires using new i20 and saying she is returning student? Has anyone done that? Her friend did it after similar situation in same school but he had 1 more yr of f1 remaining
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(4) what if she goes for f1? I feel they might scrutinize more as she had that visa for 5 yrs.
(5) pls advice if any other suggestions or comments.
My questions from someone in similar situation or experts are-
(1) if she apply for h4 now will any form she fills will ask about past f1 visa violation? If she doesnt talk about her employment can it be justified asshe thought she had cpt?
(2) are there any chance of future rfe's if she transfers to h1 or f1?
(3) does she have chance to enterUS just a week before her current f1 expires using new i20 and saying she is returning student? Has anyone done that? Her friend did it after similar situation in same school but he had 1 more yr of f1 remaining
on stamp
(4) what if she goes for f1? I feel they might scrutinize more as she had that visa for 5 yrs.
(5) pls advice if any other suggestions or comments.
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