QUESTION
RFE for employment history of sponsoring Spouse for change of status from H4 to F1
Asked on Dec 15th, 2013 on Immigration - California
More details to this question:
i cam to US through company A a year back and in the month of August ,2013 changed to employer B . My H1 transfer was in process while my project ended abruptly. Within a day i got termination letter from my employer B and its been 3 months i am out of pay. I has applied for change of status of my wife from H4 to F1 in the month of August this year and now she has also completed her 1st semester. we were waiting for decision on her case but now we have got RFE that is requesting my employment history. Will my wife's COS get disapproved?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
There is a good possibility that your wife's change of status will be denied unless you are able to prove that you were still working for company A at the time of your wife's filing for the F-1. Her legal status was dependent upon your legal status and she has the burden to prove that she was maintaining her status at the time of filing.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 06th, 2014 at 9:42 PM