Immigration Issues/missing I-20?!

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Question
QUESTION: Dear Mr. Ramasamy Krishnan,
My wife's I-539 change of status application from F-1 to F-2  has been
approved on March 12, and Immigration
were supposed to send us the Approval Notice along with the stamped
original F-2 I-20, which we sent to them earler. However, we received
the
Approval Notice and the stamped photocopy of the previous (F-1) I-20.
Now, she wants to apply for change of status back from F-2 to F-1.
We've been told that her missing original I-20 is a big problem, and
therefore she can't apply for change of status until she gets it. What should
we do now? Should we contact the Immigration about missing I-20, or
could we file another application for change of status (from F-2 to F-1)
and explain this in written form?
Could you please guide us through it. I could even e-mail you scanned
documents for you to evaluate our situation. Please advise. Thanks a lot.
Uran


ANSWER: Uran,
I would advise you to file for your F-2 to F-1 with the F-2 approval notice, I-20 and copy of the F-2 I-20. Explaining that the USCIS has the original copy. I do not think this should be a problem.

Best of luck.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

---------- FOLLOW-UP ----------

QUESTION: Dear Mr. Ramasamy Krishnan,
thank you for answering my questions, I highly appreciate your help!
My wife wants to change her F2 status back to F1 jus a month after her F1 to F2 has been approved. Is there any grace period she should wait to file another COS application? If yes, how long she should wait?
thank you once again,
Uran

Answer
Uran,
There is no requirement to wait prior to applying for a COS.  You can do it at any time provided you are eligible to do so. I do not think that you applying for F-1 immediately after approval to F-2 should raise any issues.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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