My wifed filed application on May 13, 2003 for status change from F1-F2.
Today she got the letter from U.S. Dept. of Homeland Security, and has been told her application been denied for the following reason:
The letter signed by you states " i have not been emplyed in the states. I applied oPT after graduated from XXX, but I could not find the job. In fact, I have been with my hu*****and in XXX during my OPT period...."
As stated above, during of status form an F1 student is the time during which an F1 student is pursuing a full course of study or engaging in authorized practical training. Since you did not participate in your OPT your authorized period of stay expired 60 after the completion of your studies, or approximately July of 2002. Therefore, this Service finds you have failed to maintain the status previously accorded because your authorized period of stay expired at least 10 months prior to the filling of this application. As stated above, a change of status may not be approved for an allien who failed to maintain the previously accorded status or whose stuts expired before the application filed.
Your application therefore, must be and hereby is denied. There is no appreal from this decision.
BTW, my wife has her EDA, which stated expire on May 13, 2003.
In her case, has her been out of status more than a year or just been after the deny (stated on Jan 9, 2004)?
What should my wife do, go back to China or stay here?
We need serious advices from you badly. Please help.
Best.