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Hi my wife started her masters on H4 and her H4 is valid till September 2019. We applied for change of status in April 2018 and she got her denial today stating
Section 214.2(f)(5)(i) - An F-1 Student may be admitted for a period of up to 30 days before the indicated report date or program start date listed on his Form I-20
Section 248.1(b) - a change of status may not be approved for an alien who failed to maintain the previously accorded status or whose status expired before the application or petition was filed.
Additionally they said the program start date mentioned which is March 1,2019 has elapsed and is in the past. It is not a valid start date. University mentioned this date on i20 and we don't know why.
Now I have the following questions:
1. The 30 day period won't apply here because my wife was already on valid H4 visa when she started right?
2. If we correct the start date on the i20 do we have a chance to reopen and get it approved?
Any help would be greatly appreciated!
Section 214.2(f)(5)(i) - An F-1 Student may be admitted for a period of up to 30 days before the indicated report date or program start date listed on his Form I-20
Section 248.1(b) - a change of status may not be approved for an alien who failed to maintain the previously accorded status or whose status expired before the application or petition was filed.
Additionally they said the program start date mentioned which is March 1,2019 has elapsed and is in the past. It is not a valid start date. University mentioned this date on i20 and we don't know why.
Now I have the following questions:
1. The 30 day period won't apply here because my wife was already on valid H4 visa when she started right?
2. If we correct the start date on the i20 do we have a chance to reopen and get it approved?
Any help would be greatly appreciated!
