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My Wife applied for COS from H4 to F1 in May 2017. She

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Second opinion] My Wife applied...
Second opinion] 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
Submitted: 3 months ago.Category: Immigration Law
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3/20/2018
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,859
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

I do not have enough information what the RFE was asking for.

Please give me details of the RFE #1 and RFE #2.

Under new USCIS policy guidance in order to be able to have a COS approved you have to remain in status.

So in order to have her F1 approved she must continue to extend your H4 and remain in valid H4 status.

Also, she must continue to have the school defer her enrollment and issue an I-20 with the enrollment deferral date.

Since you just got the latest RFE on March 1st you have to wait until April 1st to contact USCIS 800# ***** request to speak with a Tier 2 USCIS immigration officer to initiate a status inquiry. You cannot request this status inquiry until the RFE has exceeded 30 days.

Your other option is for her to book a ticket to home country and apply for an F1 visa so she can come here to do her OPT.

She has to have her DSO endorse the I-20 for OPT.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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