Change of Status from OPT to H4

[prao76]

Suggestions please
I have a question about change of status from f1 (opt) to H4 for my wife. My wife graduated in may 2011 and applied for OPT. Her OPT started on June 27th. She did not find a job till September 27th (90 days of unemployment). We filed for a change of status from OPT to H4 and USCIS received the application on 31st of October. (1 month after 90 days). Now i got an RFE from USCIS asking for her most recent pay stubs. She never had a job and hence we do not have paystubs. Is she eligible for COS to H4 or is she out of status. Does the 60 day grace period help her? Has anyone had such a case? how should we proceed now? Anything would help us. Any suggestions please?

[kabkaba]

Reply with a cover letter explaining her unemployed status and calculation of 90 days + 60 days. It may or may not work, but worth trying. She should have report her employment status to her school regularly. Did she do that? Consult an attorney if possible and also ask the school's DSO if her SEVIS is still valid and if terminated, the date of termination. This info will help you in responding to the RFE.
IMO this is going to be a hit or miss, but I would understand the consequences of a denial from an experienced attorney and then respond accordingly.

[shervin143]

One another option is to leave the country, get the H4 stamped and return back in H4 visa.