h4 cos rfe

[prao76]

Hello friends,
My wife was on F1 and got her OPT. On September 26th her 90 days of unemployment on OPT kicked in. We applied for COS to H4 on October 31 (USCIS received it on 31st October). By then as we understand now, she was (is our assumption true?) out of status for 36 days. Now we received a RFE, which we are planning on answering, asking for proof she was maintaining her status. The question is, if after answering the RFE her COS gets denied what should be our course of action. Our attorney says its a pretty simple course of action. She can leave the country go back to home country get a new H4 visa stamped and return. Would that be a good idea. Would her 36 days of being Out of status have an impact on the new H4.

[shervin143]

What your attorney suggests in the only option. No one can predict whether the out of status period will have any impact on her H4 visa interview or not. It depends in the VO and what all they verify before issuing her the H4 visa. If you know for sure that she has accumulated out of status period, then it is advisable to leave the country immediately and apply for the H4 visa. If the COS to H4 gets denied, then all the time spend in U.S after the valid OPT status expiry will be considered as out of status period and wit will cause more issues. It is advisable to keep the out of status period less.

[prao76]

Thank you for your response shervin.
Is the chances of her getting a visa same as any other time or will being out of status for 35-40 days have any kind of impact at all? Will VO have any records or will they be able to see COS application?

[shervin143]

When the immigration records are clean, the chances of a successful visa interview is pretty high. In case of illegal stay or out of status accumulation, the success rate is little less and it depends on the VO. They will be able to see any petition filed with USCIS.

Thank you for your response shervin.
Is the chances of her getting a visa same as any other time or will being out of status for 35-40 days have any kind of impact at all? Will VO have any records or will they be able to see COS application?

[willsdurai]

Hi

Hello friends,
My wife was on F1 and got her OPT. On September 26th her 90 days of unemployment on OPT kicked in. We applied for COS to H4 on October 31 (USCIS received it on 31st October). By then as we understand now, she was (is our assumption true?) out of status for 36 days. Now we received a RFE, which we are planning on answering, asking for proof she was maintaining her status. The question is, if after answering the RFE her COS gets denied what should be our course of action. Our attorney says its a pretty simple course of action. She can leave the country go back to home country get a new H4 visa stamped and return. Would that be a good idea. Would her 36 days of being Out of status have an impact on the new H4.

Hello Sir,

Could you update the status of your wife H$ visa stamping, Did she get approved?

I am in the same situation, Your feed back will be a great help.