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Further evidence required for H4 petition

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rnapII

Junior Member
What is the name of your state? NJ

Hello to all,

I came to US in August 2005 on F1 with my wife also on F1. later I have changed my status to F2 as my wife's dependent. I had also received approval letter I-797A with I-94 valid for duration of status along with a new I-20 with my name as my wife's dependent with USCIS stamp. I got F2 approval on June 23, 2006.

Later in april 2007 my wife has applied for her H1b under master's quota and got approved in June 2007. Her H1b status started since October 1, 2007. In June 2007, I had applied for H4 (F2 to H4) by filling I-539 petition.

In short, I had applied (0n june 20, 2007)for I-539 for change of nonimmigrant status as my wife's status changed from F1 to H1.
Today I have received a notice (blue latter) from USCIS mentioning that they required further evidence regarding my valid status between November 28, 2006 to October 1, 2007 (the day my wife's H1b status started). I have following questions to ask

1. Why USCIS has specifically mentioned the date of November 28, 2006 because my F2 status got approved on June 23, 2006????
2. What evidence I should submit along with blue letter? Is USCIS approval notice I-797A enough as an evidence to proove my status?? Just to let you know that I had already submitted this at the time of filling H4 petition:confused:.
3. I had never travelled outside US and had never got my passport stamped for F2? Is that okay?
4. Is that Okay, If I submit more documents than asked by USCIS. I also want to include my wife's H1b approval notice, my dependent I-20 which I got earlier when my F2 petition was approved.
5. Do I need to submit the original documents as proofs or photocopies are sufficient?
6. At this moment am I in status or out of status?

I thank you very much in advance.What is the name of your state?
 


ImmigAttyLana

Senior Member
You need to submit supporting evidence, in copy form, to the USCIS and the I-797 is not proof of your status during that period they are asking about. You need to show them what your status was during that time period by providing the proof of your F-2 status, etc. You are not out of status, but if you do not respond to the RFE or respond unfavorably, then your status will be terminated.
 

rnapII

Junior Member
Hello Lana,

Thank you for your prompt answer. I am little confused though....

I do have only one proof in the form of approval letter that was provided by USCIS when my F2 status got approved. They had sent me approval notice (I-797A written at top with I-94 attached at the bottom) for my F2 status. I mean this is the only document USCIS had sent me when my petition for F2 got approved. The validity of this document is "valid upto Duration of Status". Second, they had stamped my wife's I-20 which also had my name as her dependent. In that I-20 they had mentioned "change of status from F1 to F2, D/S"

Please advice me, what else I could send them in order to establish my status????

Thank you.
 

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