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Should I withdraw my F2 to H4 i539 COS application or should I reply for RFE
Hi,
I am currently on F2 visa. My spouse was on his OPT extension which is valid until July '2017. He got his H1b petition approved on June 3 '2016 and is now on h1b since Oct 1'2016 . His employer missed applying for my COS to H4.
So, I filed my i539 COS application from F2 to H4 with his petition number and it was rec'd at USCIS on July 18'2016.
Recently, on October 15'2016, I was issued an RFE.
Now, the issue is that I have to return back to my country on November 18'2016. And we have planned to get our visa's stamped before we come back in Dec'16
I am confused b/w 2 options :
1. I should respond to rfe now and wait for the result. As uscis might take more than a month to respond, my exit from country would abandon my application legally. I cannot extend beyond 18th november to stay.
2. I withdraw the i539 and on the day of "certified" mailing the withdraw letter, I fly back to the country. And then attend the consulate interview for h4 later.
I am leaning towards option 2 but I am curious if I withdraw, say on 'November 3' and fly back on the same day, would there be any issue during the visa interview back in the country(specially about 'out of status' or 'overstay' from October 1st to November 3rd. ?? )
Thanks.
I am currently on F2 visa. My spouse was on his OPT extension which is valid until July '2017. He got his H1b petition approved on June 3 '2016 and is now on h1b since Oct 1'2016 . His employer missed applying for my COS to H4.
So, I filed my i539 COS application from F2 to H4 with his petition number and it was rec'd at USCIS on July 18'2016.
Recently, on October 15'2016, I was issued an RFE.
Now, the issue is that I have to return back to my country on November 18'2016. And we have planned to get our visa's stamped before we come back in Dec'16
I am confused b/w 2 options :
1. I should respond to rfe now and wait for the result. As uscis might take more than a month to respond, my exit from country would abandon my application legally. I cannot extend beyond 18th november to stay.
2. I withdraw the i539 and on the day of "certified" mailing the withdraw letter, I fly back to the country. And then attend the consulate interview for h4 later.
I am leaning towards option 2 but I am curious if I withdraw, say on 'November 3' and fly back on the same day, would there be any issue during the visa interview back in the country(specially about 'out of status' or 'overstay' from October 1st to November 3rd. ?? )
Thanks.
