SALI

Hi all,

I do not know if I have a situation here.

I came on H-4 to US in 2001 which was valid till April 2002
I then changed to F-2 with my spouse transferring from H-1 to F-1 in April 2002.

Before my spouse could join school Fall 2002, she moved to Canada to work for a Canadian Company on workpermit. I however, had to stay back in US.

I promptly applied again for change of status from F-2 to F-1 (I-539)before my spouse left the US. This application was made early August 2002 with classes scheduled to start August 26.

After having spoken with the student advisor, I was told as long as I do not hear from INS about my I-539, I am not required to register for classes.

Accordingly, I did not register and kept waiting to get my F-1.
Now after 3 months I get a letter from INS asking to submit additional documents on/before January 31, 2003.

Some of the requested documents include
1) Letter from school suggesting that I am presently attending school this (Fall 2002) semester
2) Evidence that I have paid school tuition for current semester
3) Letter from school confirming that all tuition abligations have been paid in full
__________________________________________________

1)If I was not required to register for classes till my visa was approved, why am I asked to submit such documents?

2)Will the fact that I have not registered this Fall be reason for denial of my I-539?

3)Am I out of status now since I have not registered this Fall (although the student advisor had said I need not till I get my visa approved)?

4)What would happen if I leave the US with my I-539 pending and without submitting the additional requested documents ?

5)Will the above raise some red flags the next time I have to come to US on any visa and pose any problems?

Please help and suggest on what I should do now. I do not want to jeopardize my future entry into the US. I have not wilfully or knowingly broken any law.

Please HELP!

Hnchoksi

    >Subject: Do I have a Situation??? H4 to F2 then F2 to F1
    >From: SALI [email protected]
    >Date: 11/10/02 11:10 AM Eastern Standard Time
    >Message-id:
    >Hi all,
    >I do not know if I have a situation here.
    >I came on H-4 to US in 2001 which was valid till April 2002
    >I then changed to F-2 with my spouse transferring from H-1 to F-1 in
    >April 2002.
    >Before my spouse could join school Fall 2002, she moved to Canada to
    >work for a Canadian Company on workpermit. I however, had to stay
    >back in US.
    >I promptly applied again for change of status from F-2 to F-1
    >(I-539)before my spouse left the US. This application was made early
    >August 2002 with classes scheduled to start August 26.
    >After having spoken with the student advisor, I was told as long as I
    >do not hear from INS about my I-539, I am not required to register
    >for classes.
    >Accordingly, I did not register and kept waiting to get my F-1.
    >Now after 3 months I get a letter from INS asking to submit additional
    >documents on/before January 31, 2003.
    >Some of the requested documents include
    >1) Letter from school suggesting that I am presently attending school
    > this (Fall 2002) semester

Well, since you did not attend school, being on F-2, just send a letter
saying that you were waiting for them to issue F-1 and you didn't want to break
your status.

    >2) Evidence that I have paid school tuition for current semester
    >3) Letter from school confirming that all tuition abligations have been
    > paid in full
    >_________________________________________________ _
    >1)If I was not required to register for classes till my visa was
    > approved, why am I asked to submit such documents?
    >2)Will the fact that I have not registered this Fall be reason for
    > denial of my I-539?
    >3)Am I out of status now since I have not registered this Fall (although
    > the student advisor had said I need not till I get my visa approved)?

The question is, what about your spouse's visa status? Since s/he left school
to go to Canada, that probably negates the F-1, which automatically negates
your F-2. You may have been out of status when s/he left...

You probably need to talk to a lwayer or someone who knows a lot more than
the foreign student advisor. Those guys are not immigration experts.
    >4)What would happen if I leave the US with my I-539 pending and without
    > submitting the additional requested documents ?
    >5)Will the above raise some red flags the next time I have to come to US
    > on any visa and pose any problems?
    >Please help and suggest on what I should do now. I do not want to
    >jeopardize my future entry into the US. I have not wilfully or knowingly
    >broken any law.
    >Please HELP!

SALI

Thanx Hnchoksi for your response, but you misunderstood my post.
I did not not attend school on F-2 status after my spouse left US. In fact I applied for a change of status from F-2 to F-1 before my wife left the US so that I did not go out of status when she left.

So in effect I have not been out of status as per my knowledge. My I-539 (application to change non-immigrant status) is till pending with the INS and the latter has come back asking for more documentation. I have not been attending school because my change of status application has not been approved yet and as I was told by the International student advisor of the school, I should be perfectly fine not registering for classes till INS makes a decision on my change of status case.

What do you have to say now?

Am I in trouble?

Hnchoksi

    >Subject: Re: Do I have a Situation??? H4 to F2 then F2 to F1
    >From: SALI [email protected]
    >Date: 11/10/02 2:16 PM Eastern Standard Time
    >Message-id:
    >Thanx Hnchoksi for your response, but you misunderstood my post.
    >I did not not attend school on F-2 status after my spouse left US. In
    >fact I applied for a change of status from F-2 to F-1 before my wife
    >left the US so that I did not go out of status when she left.
    >So in effect I have not been out of status as per my knowledge. My I-539
    >(application to change non-immigrant status) is till pending with the
    >INS and the latter has come back asking for more documentation. I have
    >not been attending school because my change of status application has
    >not been approved yet and as I was told by the International student
    >advisor of the school, I should be perfectly fine not registering for
    >classes till INS makes a decision on my change of status case.
    >What do you have to say now?
    >Am I in trouble?
    >--

I suppose as long as you filed BEFORE she left, you should be covered.
However, I am wondering if they think you already enrolled in school. Maybe
that is why they are asking for all this info. The only thing you can tell
them is that you are not enrolled. As far as are you in trouble--I don't know.
I wouldn't think so, but then again, I don't see why your change of status is
taking so long...

Have you taken the RFE to the school people and asked for their opinion?
Perhaps if they can write a letter to INS saying that you were waiting for the
F-1 to come through it would carry more weight...

SALI

Thanx Hnchoksi once again.
The letter from the INS reached me yesterday by mail and today is sunday. I shall take the letter to the school tomorrow and see what they say.