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Erroneous INS approvals - effect

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  • Erroneous INS approvals - effect

    A was granted H4 visa status and came to US in April 2000 before he was 21. He turned 21 in May 2000. He got admitted to College in US and continued in H4 status. His H4 status was extended by INS in Sept 2001 with validity of H4 status upto August 2004. A applied for change of status to F1 in Jan 2001. INS sent a query why A wanted change of status when he could continue in H4 status. A did not pursue this request as he was about to complete his B.S.course. He completed B.S. and then got admitted to M.S. He then filed for change of status to F1 along with I-20 and financial support affidavit from his father the H1 sponsor. INS has now ruled that his H4 status is invalid after he turned 21 and therefore he is not entitled to change of status to F1 and that the INS approvals extending the H4 status may have been erroneous.
    Now the question is: With the denial of F1 request, is A entitled to continue to stay in US on the H4 approval which is valid upto August 2004. A is half way through his M.S. studies and he wishes to complete his M.S.
    2. While the INS has only turned down the change of status request, INS has not revoked the H4 approvals, is not the H4 status still valid?

  • #2
    A was granted H4 visa status and came to US in April 2000 before he was 21. He turned 21 in May 2000. He got admitted to College in US and continued in H4 status. His H4 status was extended by INS in Sept 2001 with validity of H4 status upto August 2004. A applied for change of status to F1 in Jan 2001. INS sent a query why A wanted change of status when he could continue in H4 status. A did not pursue this request as he was about to complete his B.S.course. He completed B.S. and then got admitted to M.S. He then filed for change of status to F1 along with I-20 and financial support affidavit from his father the H1 sponsor. INS has now ruled that his H4 status is invalid after he turned 21 and therefore he is not entitled to change of status to F1 and that the INS approvals extending the H4 status may have been erroneous.
    Now the question is: With the denial of F1 request, is A entitled to continue to stay in US on the H4 approval which is valid upto August 2004. A is half way through his M.S. studies and he wishes to complete his M.S.
    2. While the INS has only turned down the change of status request, INS has not revoked the H4 approvals, is not the H4 status still valid?

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