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Old 11-25-2003, 08:48 PM   #1 (permalink)
Mqqd
 
Posts: 6
Default Questions about cancellation request to INS for the pending petition.

Here is my situation



1. On May, 2003, filed I-539 ¡°change of status to F2¡± on May, 2003 at
Vermont service center

2. On September, 2003, filed second I-539 ¡°change of status to H4¡±
with spouse¡¯s H1 petition at Nebraska service center, got H4
approved on November, 2003.

3. Received ¡°original I-20 request¡± from Vermont regarding to first
I-539 for F2





I want to send Vermont a cancellation request to withdraw the pending
I-539 application for F2. My questions are:



1. Should I mention the H4 has already been approved and send them
copy of the approval notice?

2. Or a copy of the H4 receipt notice should be enough?

3. Since they are asking for my original I-20 for the pending I-539
/F2 application, will they accept my cancellation request and
ignore their previous document request?

4. Will not providing their requested document results in a denial
of my application even I write them a cancellation request?
Since my H4 has been approved, I do not want to give them my
original I-20.





Thanks in advance

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Old 11-25-2003, 11:21 PM   #2 (permalink)
Sylvia Ottemoeller
 
Posts: 906
Default Re: Questions about cancellation request to INS for the pending petition.

"mqqd" <member9380@british_expats.com> wrote in message
news:...

    > Here is my situation

    > 1. On May, 2003, filed I-539 ¡°change of status to F2¡± on May, 2003 at
    > Vermont service center
    > 2. On September, 2003, filed second I-539 ¡°change of status to H4¡±
    > with spouse¡¯s H1 petition at Nebraska service center, got H4
    > approved on November, 2003.
    > 3. Received ¡°original I-20 request¡± from Vermont regarding to first
    > I-539 for F2

    > I want to send Vermont a cancellation request to withdraw the pending
    > I-539 application for F2. My questions are:

    > 1. Should I mention the H4 has already been approved and send them
    > copy of the approval notice?

Yes.

    > 2. Or a copy of the H4 receipt notice should be enough?

It probably would, as the examiner has a computer, but why not make it easy
for him or her?

    > 3. Since they are asking for my original I-20 for the pending I-539
    > /F2 application, will they accept my cancellation request and
    > ignore their previous document request?

I'm not sure what they will do (withdraw or deny the I-539), or whether it
makes a difference. The one thing you don't want them to do is to approve
the pending I-539 because technically that may override your change to H-4.

    > 4. Will not providing their requested document results in a denial
    > of my application even I write them a cancellation request?

Maybe.

    > Since my H4 has been approved, I do not want to give them my
    > original I-20.

Well, if you are not in F-1 status, what do you care about the original
I-20?
 
 


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