Change of Status from H4 to F1 Amidst Spouse Expiring H1B

Background

On September 6, 2023, our client GZ and her family faced a significant challenge. Her husband, who had his I-140 petition approved and Priority Date (PD) in current status, had his H1B extension denied. He planned to relocate to Canada for work. Meanwhile, our client intended to stay in the United States with their child and needed to change from an H4 to an F1 status, and her child from an H4 to an F2 status.

Challenge

The immediate need was to secure school admissions and change their visa statuses while remaining in the U.S. This was particularly pressing as their current visas were expiring, and any error in the application process could jeopardize their ability to stay in the country legally.

Solution

Our team at GoElite, Inc. swiftly assisted GZ in obtaining admission letters from a school for both her and her child within a week. We also acquired the necessary F1 and F2 I-20 forms for them. The initial application for their status change was submitted on September 27. However, a setback occurred when their application package was returned on October 10 due to an incorrect submission of Form I-539.

Response and Outcome

Our visa experts promptly reviewed the returned documents and submitted an appeal letter to USCIS. Despite the expired status of their visas, we resubmitted the original application materials along with the appeal letter on October 11. Our proactive and detailed approach led to the successful receipt of an I-797 approval notice on October 20, confirming the change of status for GZ and her child.

Conclusion

This case highlights the importance of quick and accurate handling of immigration documents and the effectiveness of our team in navigating complex situations to ensure compliance and continuity for our clients' lives in the U.S.