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Thread: H1B 2017 Got RFE "Maintenance of Status" F1

  1. #1

    Question H1B 2017 Got RFE "Maintenance of Status" F1

    Hello
    I would appreciate if you can provide me best possible answer... below is my case situation...
    Currently i am on F1 Status and enrolled in a ESL School. No CPT, No OPT. I got a JOB offer and my employer applied for my H1B under Premium Processing...
    I receive notice of RFE from my attorney . USCIS is all asking about Maintenance of Status (F-1) and gave me list of documents to provide them.
    1. Copies of all pages of SEVIS Certificates of Eligibility for Non immigrant Student Status
    (Forms I-20) issued to the beneficiary from School/College
    2. Official copies of the beneficiary’s transcripts issued by School/College
    3. Copies of degree and/ or certificates issued to the beneficiary showing course completions;
    4. Receipts for tuition payments made by the beneficiary to school/college
    5. Receipts for books, parking passes, and school supplies, for the period of the time that the beneficiary was a student at School/College.
    6. The beneficiary’s Student ID for School/College.
    7. The beneficiary’s course syllabi or outlines for his or her program at School/College.
    8. Documentary Evidence to show that the beneficiary physically attending the courses in which he or she was enrolled, Including transportation receipts, confirmed transportation reservations, attendance records, etc
    9. Evidence showing the number of online or distance education class credits the beneficiary was / is enrolled in for each session, term, semester, trimester, or quarter of study, for the duration of the time he or she was a student at School/College.
    10. Evidence to show the beneficiary is or was making progress towards completion of a program of study.
    11. Any other documentary evidence to establish the beneficiary has been engaged in a full course of study and working towards program completion.

    Submit copies of SEVIS Form I=20 for all schools attended Since the approval of F1 Status in year (****)

    Question :
    1. Will my COS be denied or Approved ?
    2. If i provide all required documents what are the chances that my H1B will be approved...

    Kindly help me in getting through this RFE

  2. #2
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  3. #3
    Quote Originally Posted by FirstTimer View Post
    Hello
    I would appreciate if you can provide me best possible answer... below is my case situation...
    Currently i am on F1 Status and enrolled in a ESL School. No CPT, No OPT. I got a JOB offer and my employer applied for my H1B under Premium Processing...
    I receive notice of RFE from my attorney . USCIS is all asking about Maintenance of Status (F-1) and gave me list of documents to provide them.
    1. Copies of all pages of SEVIS Certificates of Eligibility for Non immigrant Student Status
    (Forms I-20) issued to the beneficiary from School/College
    2. Official copies of the beneficiary’s transcripts issued by School/College
    3. Copies of degree and/ or certificates issued to the beneficiary showing course completions;
    4. Receipts for tuition payments made by the beneficiary to school/college
    5. Receipts for books, parking passes, and school supplies, for the period of the time that the beneficiary was a student at School/College.
    6. The beneficiary’s Student ID for School/College.
    7. The beneficiary’s course syllabi or outlines for his or her program at School/College.
    8. Documentary Evidence to show that the beneficiary physically attending the courses in which he or she was enrolled, Including transportation receipts, confirmed transportation reservations, attendance records, etc
    9. Evidence showing the number of online or distance education class credits the beneficiary was / is enrolled in for each session, term, semester, trimester, or quarter of study, for the duration of the time he or she was a student at School/College.
    10. Evidence to show the beneficiary is or was making progress towards completion of a program of study.
    11. Any other documentary evidence to establish the beneficiary has been engaged in a full course of study and working towards program completion.

    Submit copies of SEVIS Form I=20 for all schools attended Since the approval of F1 Status in year (****)

    Question :
    1. Will my COS be denied or Approved ?
    2. If i provide all required documents what are the chances that my H1B will be approved...

    Kindly help me in getting through this RFE
    If you prove that you properly maintained F-1 status, the H-1B petition and change of status request will be approved.

    If USCIS does not believe you maintained status, they can still approve the H-1B petition but can deny your change of status request. This means in order to activate the H-1B and work, you will need to leave the country, obtain an H-1B visa stamp in your home country and re-enter the U.S. (no earlier than September 20) to begin working in H-1B status on October 1. You may want to discuss this with an attorney for clarification.

  4. #4
    Quote Originally Posted by lisaanderson View Post
    If you prove that you properly maintained F-1 status, the H-1B petition and change of status request will be approved.

    If USCIS does not believe you maintained status, they can still approve the H-1B petition but can deny your change of status request. This means in order to activate the H-1B and work, you will need to leave the country, obtain an H-1B visa stamp in your home country and re-enter the U.S. (no earlier than September 20) to begin working in H-1B status on October 1. You may want to discuss this with an attorney for clarification.

    Hello Lisa Anderson

    Thank you for replying me... I would like to tell you that i discussed the matter with my School DSO and they provided me all documents required in RFE by USCIS. Also i have provided all credit card, bank statements showing payments made to school as my course fee.
    I have collected all documents which shows that i was not out of status even for a single day and properly maintained my F1 Status.

    I would also like to discuss with an attorney regarding my RFE. Would you like to suggest me one ?

  5. #5

    Same situation: RFE "Maintainance of Status" and Multiple years of Practical training

    Quote Originally Posted by FirstTimer View Post
    Hello Lisa Anderson

    Thank you for replying me... I would like to tell you that i discussed the matter with my School DSO and they provided me all documents required in RFE by USCIS. Also i have provided all credit card, bank statements showing payments made to school as my course fee.
    I have collected all documents which shows that i was not out of status even for a single day and properly maintained my F1 Status.

    I would also like to discuss with an attorney regarding my RFE. Would you like to suggest me one ?

    Hi,

    I am in similar position and an additional RFE asking Multiple years of practical training along with "Maintainance of Status" . I can do transcripts, bank statements , I-20's etc. Can you tell me how yours went through and what exact documents we need to provide to show you are maintaining status in addition to above. Any suggestion would be much appreciated. Awaiting your reply.

    Thanks.

  6. #6
    Hello. I am in a similar situation and got the RFE for multiple years of practical training. I am afraid my COS will be denied as well. How risky is it to go back home country and get the H1b visa?

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