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  #1 (permalink)  
Old 08-23-2012, 10:46 AM
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Default MTR for COS denial (from H4 to F1)???

Hi,
i am wondering if i can file MTR for Change of Status Denial.

Below is the brief description of the scenario:
1) Applied for change of status from H4 to F1 in Sept, 2011 (Registered as full time student in school)
2) USCIS did not adjudicate the COS application by Dec, 2011. Completed all the courses required for graduation.
3) Registered 1 credit hr. continuing education course while waiting for decision from USCIS.
4) Left to India in Jan, 2012 and got the H4 stamping.
5) Received COS denial from USCIS in Aug, 2012 (yet to receive the physical copy of the document).

I beileve that the reason of COS denial could be (1) Completion of all the courses required for graduation or (2) H4 stamping after submitting application for COS.

Could any one please suggest me if i can file MTR. I would need F1 status in order to get OPT.

Thanks
Naveen
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  #2 (permalink)  
Old 08-23-2012, 10:51 AM
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Why did you get H4 stamping if you intended to be on F1 and use OPT?
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  #3 (permalink)  
Old 08-23-2012, 11:06 AM
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Quote:
Originally Posted by pappu View Post
Why did you get H4 stamping if you intended to be on F1 and use OPT?
Hi Pappu,
Appreciate your quick response. I am glad to hear from "Pappu".
The entire context is as follows:
1) The question pertains to my wife. She entered US on F1 visa.
2) She registered for BSN (Nursing). At one point of time (after being on F1 for 2 yrs), she couldn't get classes required for maintaining the F1 status ( Undergrad must be registered for 12 credit hrs. to maintain F1), therefore changed to H4.
3) She continued on H4 (following the suggestion of International Students Office and given the circumstances) till the last semester.
4) Applied for COS in the last semester, completed all the courses required for graduation and went to India for vacation.
5) She went in for H4 stamping as she was (1) not registered as a full time student and (2) vacationing when the semester was in session ( 1 credit hr. continuing education course doesn't require her to attend school).

Thanks
Naveen
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Old 08-23-2012, 01:00 PM
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If you can take additional credits then it will be continuation of the course? and can get F1 visa?
MTR is a route too.

Are you coming for the rally?
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  #5 (permalink)  
Old 08-23-2012, 01:36 PM
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Quote:
Originally Posted by pappu View Post
If you can take additional credits then it will be continuation of the course? and can get F1 visa?
MTR is a route too.

Are you coming for the rally?
Thank you for the response.

For her to pursue Master's in the field of her choice, she would need at least an year of experience in that specific field. Hence the need for OPT.

As an alternative to the experience, she expressed her consent (to the university) to take additional courses and perform public service. The university wrote to the State Nursing Board requesting for exception. I am doubtful, if she will be exempted as I don't think that the Nursing Board will care.

She has dual degree ( Major and Minor) and we feel that it is time for her to go for advance level courses/masters. Therefore, additional courses is ruled out and MTR could only be the route.

I am sorry that i am not able to make it to the rally as I live in NJ/NY. I do think that any attempt to explain the reason will amount to being the appropriate. BUT i can say, i have been active and will continue to be so in other ways.
1) Making contributions - Made one time contribution earlier and subscribed for ongoing monthly payments
2) Spreading awareness
3) Soliciting/Encouraging contributions

I sincerely appreciate the IVs efforts and I wish you the best.

Regards
Naveen
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  #6 (permalink)  
Old 08-23-2012, 02:14 PM
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Quote:
Originally Posted by nrmarrivada9 View Post
Thank you for the response.

For her to pursue Master's in the field of her choice, she would need at least an year of experience in that specific field. Hence the need for OPT.

As an alternative to the experience, she expressed her consent (to the university) to take additional courses and perform public service. The university wrote to the State Nursing Board requesting for exception. I am doubtful, if she will be exempted as I don't think that the Nursing Board will care.

She has dual degree ( Major and Minor) and we feel that it is time for her to go for advance level courses/masters. Therefore, additional courses is ruled out and MTR could only be the route.

I am sorry that i am not able to make it to the rally as I live in NJ/NY. I do think that any attempt to explain the reason will amount to being the appropriate. BUT i can say, i have been active and will continue to be so in other ways.
1) Making contributions - Made one time contribution earlier and subscribed for ongoing monthly payments
2) Spreading awareness
3) Soliciting/Encouraging contributions

I sincerely appreciate the IVs efforts and I wish you the best.

Regards
Naveen
Coming from NJ to CA is not as much as going from north pole to south pole. This is our last chance for the bill. Or else there is no bill for the next 2 -3 years. After 2-3 years there will be talk of CIR and it will fail again due to sharp divisions between lawmakers. I do not think people out there understand that. There is no hope after this for any relief however many posts people keep writing on the forums, however many times they keep calling and emaiing senators, however many times they keep whining and complaining. I do not think everyone stuck in greencard have any idea yet about the political truth on immigration.

I dont understand why we folks have no idea about this or maybe are willing to wait for another few decades.
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Last edited by pappu; 08-23-2012 at 02:18 PM.
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  #7 (permalink)  
Old 08-23-2012, 03:02 PM
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Pappu,
I will try sincerely to attend. I do acknowledge the gravity of the situation and the benefit of the effort. This exactly was the reason that prompted me to say "No reason merits being the appropriate" and be part of the other efforts.


Regards
Naveen
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