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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 02-19-2012, 04:03 PM
pr76 pr76 is offline
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Default h4 COS RFE

Hello friends,
My wife was on F1 and got her OPT. On September 26th her 90 days of unemployment on OPT kicked in. We applied for COS to H4 on October 31 (USCIS received it on 31st October). By then as we understand now, she was (is our assumption true?) out of status for 36 days. Now we received a RFE, which we are planning on answering, asking for proof she was maintaining her status. The question is, if after answering the RFE her COS gets denied what should be our course of action. Our attorney says its a pretty simple course of action. She can leave the country go back to home country get a new H4 visa stamped and return. Would that be a good idea. Would her 36 days of being Out of status have an impact on the new H4.
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