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deshpsj
02-08-2016, 01:40 PM
My wife’s F1 to H4 visa conversion got approved but with the start date of 7/6/2016 and not the date mentioned on the “Part.2 section of I-539 form” which was 01/18/2016.
My wife’s status will get terminated in her school's SEVIS system any time soon as she hasn’t registered for the course work. Her H4 visa starts from 7/6/2016 so there will 5 months of gap between the visa. What should I do in this case? Can the amendment application be filed to adjust the date so that she is not out of status? Otherwise she has to leave the country which is not possible at this stage as she is the primary caretaker for my sister-in-law due to family emergency!

deshpsj
02-08-2016, 04:11 PM
Guys,
Can someone please help on the above?:confused:

deshpsj
02-08-2016, 08:06 PM
I did talk to the immigration department of my Employer. They told us that the H-4 application is a self-applicant type of application so the service does not deem my employer as someone who can speak on my spouse’s behalf. My Employer told us that my spouse will need to call the service immediately and request correction of the I-797 H-4 approval notice explaining to the officer that on the I-539 form my spouse specifically listed that she was requesting a change of status to H-4 from F-1 to become effective on 01/18/2016 but the service erroneously issued the I-797 H-4 approval with a start date of 07/06/2016 leaving my spouse with a gap of several months on her non-immigrant stay. After she had called the Vermont customer service center & the officer had told her that she will get a correspondence letter thru Mail by February 23rd on the decision to change the date based on the date mentioned in the I-539 application. So it basically not confirmed that USCIS is going to change the date.

Since 2/23 date is too far, is there anything I can do to expedite the processing? What option do I have if USCIS officer won't change the start date from 7/6/2016 to the date mentioned in I-539 form -01/18/2016 OR the date on which the application was approved Feb 2nd 2016?

thankstooptx
02-09-2016, 12:53 PM
I did talk to the immigration department of my Employer. They told us that the H-4 application is a self-applicant type of application so the service does not deem my employer as someone who can speak on my spouse’s behalf. My Employer told us that my spouse will need to call the service immediately and request correction of the I-797 H-4 approval notice explaining to the officer that on the I-539 form my spouse specifically listed that she was requesting a change of status to H-4 from F-1 to become effective on 01/18/2016 but the service erroneously issued the I-797 H-4 approval with a start date of 07/06/2016 leaving my spouse with a gap of several months on her non-immigrant stay. After she had called the Vermont customer service center & the officer had told her that she will get a correspondence letter thru Mail by February 23rd on the decision to change the date based on the date mentioned in the I-539 application. So it basically not confirmed that USCIS is going to change the date.

Since 2/23 date is too far, is there anything I can do to expedite the processing? What option do I have if USCIS officer won't change the start date from 7/6/2016 to the date mentioned in I-539 form -01/18/2016 OR the date on which the application was approved Feb 2nd 2016?

Get an infopass appointment with your local USCIS field office. If you have a copy of the I-539 application you sent take it with you. If it is an error on USCIS's part they will correct it. I don't know what else to recommend may be others have different ideas.

dallas_cowboys
02-14-2016, 12:55 PM
My wife’s F1 to H4 visa conversion got approved but with the start date of 7/6/2016 and not the date mentioned on the “Part.2 section of I-539 form” which was 01/18/2016.
My wife’s status will get terminated in her school's SEVIS system any time soon as she hasn’t registered for the course work. Her H4 visa starts from 7/6/2016 so there will 5 months of gap between the visa. What should I do in this case? Can the amendment application be filed to adjust the date so that she is not out of status? Otherwise she has to leave the country which is not possible at this stage as she is the primary caretaker for my sister-in-law due to family emergency!
Hello deshpsj, We are in the same situation. How many months did it take to process the application? Did they correct the start date? Thank you

deshpsj
02-14-2016, 05:19 PM
Please call the service center who has processed your visa conversion / extension. Explain them the situation. If your application was filed in PP then you will get the response sooner.
For PP there is a different phone & email that you can find on your I-129 approval notice. My recommendation would be to send an email right away even though its a weekend as they process it based on first come first serve basis & Monday 1st thing in the morning call them.

When you are writing an email, make sure to provide all the details - dates of filing, approval, explain your situation. Do not make it too lengthy but at the same time cover all your points.

For my case, I got the response in 5 days as my case was filed in PP. They did change my spouse's start date after following above steps.

All The Best!

dallas_cowboys
02-14-2016, 07:49 PM
Thanks Desh.
I am assuming PP is premium processing.
I didn't find that option while filing for a change of status from H1 to H4.

deshpsj
02-14-2016, 09:59 PM
You are right there is not premium processing service for H4, L2. My Spouse's F1 to H4 visa conversion was filed concurrently with my H1 extension which was filed in PP hence I was able to avail PP for F1 to H4 too.