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Answered in 1 minute by:
3/20/2018
Guillermo Senmartin
Category: Immigration Law
Satisfied Customers: 112,055
Experience: Of Counsel at Jorge A. Fernandez, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 1 month ago
My Wife applied for COS from H4 to F1 in May 2017. She received first RFE in November 2017. Replied to RFE with all details and documentation and again she received another RFE on March 1st 2018. Later we replied to RFE, Now her I-20 is expiring on March 2018 . What happens when her I-20 expires and her VISA is still not approved ? If VISA is not approved due to I-20 expiration then she will not eligible for OPT and her one year effort of studying will go waste. How can She get the F1 Approved quickly ? Can they still approve F1 if I-20 expires ?. Any help is appreciated

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Has she spoken with the Designated School Officer (DSO) about issuing a new I-20? What did each RFE ask for?

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Customer reply replied 1 month ago
DSO advised not to take any course to extend the I-20 and asked her to respond to RFE. She is doing a certification course. First RFE was about New I-20 extended beyond December, Asked my I-797 and all paystubs and again asked us to send the details to show we have enough funding. I got a new job offer and we moved to Washington state from California. USCIS sent second RFE asking how she is attending course in california when address is washington state. We had provided detailed letter from DSO that all course was in campus and what days each course was taken. Not sure why again they sent another RFE.

Pretty much because under the new administration, most everything has gotten harder and RFEs are up 40%. Anyway, I doubt you would be able to expedite the approval before the I-20 expires, so you will have to ask the DSO to extend the I-20 again. If you want to try to expedite, here are some links:

https://www.uscis.gov/forms/expedite-criteria

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.html

As to your questions:

What happens when her I-20 expires and her VISA is still not approved ?

They may deny the case and she stays in H-4 status. She would have 30 days to appeal the decision if it is denied.

If VISA is not approved due to I-20 expiration then she will not eligible for OPT and her one year effort of studying will go waste. How can She get the F1 Approved quickly ?

Look at the expedite links that I sent you.

Can they still approve F1 if I-20 expires ?.

They are not supposed to approve a case that as an expired I-20.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 1 month ago
What are my options now ? What steps can be taken now?

The steps you can take now is to talk to the DSO to get them to extend the I-20 and also you can take the steps to try to expedite as outlined in the links that I provided you.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Category: Immigration Law
Satisfied Customers: 112,055
Experience: Of Counsel at Jorge A. Fernandez, P.A.
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Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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