CleanSock
09-21-2012, 10:39 AM
Hi all,
Sorry for posting this in the wrong thread. I know this thread gets maximum views and I have more chances of someone responding to my question. I'll delete the question once I get a response.
I am currently on H4 which is expiring on September 30th and recently my spouse's company lawyer applied for an extension for both of us (7th year H1B). When they applied they answered 'Yes' to these two questions in form I539 for me :
1) Has an immigrant petition ever been filed for you or for any other person included in this application?
2) Are you, or any other person included on the application, an applicant for an immigrant visa?
My spouse has an approved I140 with my name on it. I am going to school now and wish to do a COS to F1 but the answer to these two questions in my H4 extension are bothering me. If I apply for COS from H4 to F1, is there a possibility that CIS retrieve my H4 I539 and see that there is an immigration intent? Also, there is a questionnaire given by school wherein I have to answer to this question :
* DESCRIBE YOUR INTENTION TO RETURN HOME PERMANENTLY FOLLOWING THE COMPLETION OF YOUR STUDIES. WHAT IS “PULLING” YOU BACK THERE AND WHY? DO YOU HAVE A PERMANENT RESIDENCE TO WHICH YOU PLAN TO RETURN? If so, attach proof of this residence.
I am not sure what exactly to answer to this as I don't have any ties to home country except for the fact that my parents and in-laws live there. I talked to an immigration attorney and I was told that I should be as truthful as possible so that it doesn't affect my GC process in the long run. Can you please advise on what to answer to this question to maximize my chances of approval without actually lying?
Also, will it matter that I will be getting a 3 year extension on my H4? Will CIS deny the application citing I don't need F1 as I already have 3 years on my visa on which I can study?
Thank you
Sorry for posting this in the wrong thread. I know this thread gets maximum views and I have more chances of someone responding to my question. I'll delete the question once I get a response.
I am currently on H4 which is expiring on September 30th and recently my spouse's company lawyer applied for an extension for both of us (7th year H1B). When they applied they answered 'Yes' to these two questions in form I539 for me :
1) Has an immigrant petition ever been filed for you or for any other person included in this application?
2) Are you, or any other person included on the application, an applicant for an immigrant visa?
My spouse has an approved I140 with my name on it. I am going to school now and wish to do a COS to F1 but the answer to these two questions in my H4 extension are bothering me. If I apply for COS from H4 to F1, is there a possibility that CIS retrieve my H4 I539 and see that there is an immigration intent? Also, there is a questionnaire given by school wherein I have to answer to this question :
* DESCRIBE YOUR INTENTION TO RETURN HOME PERMANENTLY FOLLOWING THE COMPLETION OF YOUR STUDIES. WHAT IS “PULLING” YOU BACK THERE AND WHY? DO YOU HAVE A PERMANENT RESIDENCE TO WHICH YOU PLAN TO RETURN? If so, attach proof of this residence.
I am not sure what exactly to answer to this as I don't have any ties to home country except for the fact that my parents and in-laws live there. I talked to an immigration attorney and I was told that I should be as truthful as possible so that it doesn't affect my GC process in the long run. Can you please advise on what to answer to this question to maximize my chances of approval without actually lying?
Also, will it matter that I will be getting a 3 year extension on my H4? Will CIS deny the application citing I don't need F1 as I already have 3 years on my visa on which I can study?
Thank you