H1B -> F2 RFE while H1B -> F2 -> H4

[vera19]

Hi,

I'm hoping to get some help on how to respond to a RFE on Change of Status(COS) from H1B to F2.

Background:
I lost my job last year(09/2020) and filed COS from H1B to F2 as my husband was on F1 OPT.
This year my husband got transferred to H1B so his company's lawyer also filed a COS for me from F2 to H4.
Both case are pending with USCIS.

Recently I received an RFE on the COS from H1B to F2, stating that my spouse is already on H1B status, thus asked if I want to withdraw my COS from H1B to F2, or provide additional material top prove that my husband is still on F1.

I'm deeply confused by this RFE. It seems that I should not withdraw this case, since my COS from F2 to H4 has not yet approved, and its based on whether my H1B to F2 case is approved.
But how can I prove that my husband is currently on F1?
My husband did got his F1 OPT Extension approved which last until next year, but he is already on his H1B now which begins Oct.2021. Should I send his F1 OPT Extension approval notice and explain I need to get this case approved?

Any suggestion is welcomed!
Thank you.

[rkk09]

Hi Member,
Here is my response.
But how can I prove that my husband is currently on F1?
Answer: You can not prove F1 status for now as he is on H1B status.. F1 status gone the moment he got H1B change of status approved..
My husband did got his F1 OPT Extension approved which last until next year, but he is already on his H1B now which begins Oct.2021. Should I send his F1 OPT Extension approval notice and explain I need to get this case approved?
Answer: Yes. You can send F1 related documents to request approval till his F1 status remain valid which means the date he got H1B change of status approval. For example, if he got HB Approval from October 01 then you can request F2 status approval till September 30 with the help of all supporting documents. I am sure this is possible. Kindly have a discussion with your Immigration Attorney then move forward.
Another suggestion is, you can obtain H4 visa stamped at consulate/ embassy, if possible. If you get H4 visa stamping, then you can withdraw all of these pending petitions.
Thanks