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Two most common reasons for RFE

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[COLOR=#0000ff][B][SIZE=4][FONT=comic sans ms]Two most common reasons for RFE[/FONT][/SIZE][/B][/COLOR]
[I]By: Attorney Dhenu Savla[/I]

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[B]1.What are the most common reasons for RFE?[/B]
RFEs are essentially a sign that some legal requirement has not been satisfactorily proven. They can be "simple" requests for specific documents, or they can be a sign of a more fundamental problem. Which kind of RFE one receives is not easy to determine without the assistance of an experienced immigration lawyer.

[B]Unpaid Employment:[/B] Common RFEs that I have seen for OPT students are regarding unpaid employment.
The law requires that unpaid internships be structured as true internships, where the focus is on the learning, and not as unpaid employment, where the main benefit is to the employer. Often OPT students who are unable to find employment in 60 days choose to work on an unpaid basis for various consultancies. This can result in an RFE or a denial in the future. Every effort should be made to find a real genuine job within 60 days, or finding a real genuine unpaid internship where LEARNING is the goal, not working without pay.

Responding to RFEs is easier when the client has followed the legal requirements. When the internship, whether paid or unpaid, is a genuine internship, this would need to be proven.

[B]Distance Learning:[/B] Another common reason for RFE is where the student is involved in distance learning and is working alongside studying.
The main problem is that students and sometimes even their advisers do not fully understand the purpose behind the immigration laws. As a result, the rules and requirements they convey come off as arbitrary and difficult to understand or follow.

[/SIZE][/FONT][SIZE=3][FONT=comic sans ms][B]2. How should Students respond to RFE? Tips for hiring Attorneys?[/B][/FONT][/SIZE][FONT=Comic Sans MS][SIZE=3]
The main difference between a good immigration lawyer and the advice from non-lawyer well-wishers is that anecdotal advice may not be complete, and will not give you the real reasons behind the types of decisions that USCIS makes.

I think it is a terrible idea to respond to any RFE without an attorney. I have written a blog post on this topic as well:[/SIZE][/FONT]http://bit.ly/1nzut0y[FONT=Comic Sans MS][SIZE=3]

[LIST][*]Choosing a good immigration attorney is also very important. You want to make sure that the attorney can explain in simple terms what the RFE is asking, and most importantly, why.[*]An attorney who treats an RFE as a "checklist" and asking you to simply provide all the listed items without further examination is someone to avoid.[*]A good attorney should look at the RFE simply as a sign of an issue and then fully examine the application to try to find what the USCIS actually requires.[/LIST]
[B]3. How can new F-1 students avoid RFE in future?[/B]
I do not think avoiding RFE is a worthwhile goal to pursue. Better is to make sure that you can overcome any such hurdles and effectively manage them. That can only be done by documenting every effort to stay within the legal boundaries.
Do not push the boundaries and try to get away with things. If you get away with something once, it does not mean that it will not come up again as a problem.

Thank you! Our blog is: www.swagatusa.com/blog
Thanks to Attorney Dhenu Savla for sharing this article with DesiOPT readers.
For more information visit: swagatusa.com

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Updated 06-21-2014 at 06:58 AM by DesiOPT-FaceBook-Admin

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Comments

  1. DesiOPT-FaceBook-Fan's Avatar
    I have a solution for not getting RFE (mostly) is to find the employer close to the university .we won't update anything about the client in the I 20 so people who are taking full time CPT if the employer is close to the univ the chances of getting RFE will be less.
  2. DesiOPT-FaceBook-Fan's Avatar
    It's 90 day period, one has to find a job in 90 days. please confirm.! DesiOPT.com