Need help: RFE for Maintaining status (F1 CPT to H1B)

USA H1B Visa
1

Hello everyone,

Have anyone received similar RFE for Maintaing status?

I have received RFE on my H1B Premium processing case. My case is being processed in California center. The RFE looks very subjective and confusing.

I am currently enrolled in a CPT school and pursuing my second MS at this university. I have a 6 day gap in two semesters when I was not enrolled between 28th Dec to 5th Jan. I was working 1-2 days out of those 6 days and my employer ran the payroll for that period.

My lawyer has submitted all my I-20s from 1st MS, Current MS I-20s with CPT authorization on it and 3 Paystubs while filing the H1B visa on April 1st 2014. I am not sure, why I got RFE for my case since I submitted everything.

My lawyer submitted the latest I-20 that has the CPT work authorization until Apr 28th 2014.

Is the RFE due to those 6 days when I worked without having CPT authorization between 28th Dec 2013- 5th Jan 2014?

Here are the actual words from my RFE:

EVIDENCE PERTAINING TO BENEFICIARY’S STATUS

Maintaing Status: Provide the following evidence that the benificiary was in a valid non-immigrant status at the time when present petition was filed:

F1 Student Status D/S+60: Provide a copy of applicant’s current Form I-688, Employment authorization document and a copy of applicant’s paystubs for the last two periods with her CPT employer.

END OF RFE

I have a follow-up question on RFE that: Why would the immigration officer request for I-688, Employment authorization document and not current CPT I-20, since I-688, EAD is for OPT.

Please help regarding what to respond for this RFE?

2

The I-688 document request should have been supplemented with the phrase ‘or similar’. It is an error. Just resubmit CPT I-20 along with most recent pay stubs. This is just a random RFE of no consequence.

All the best



Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. [sshankar@chu.edu](mailto:sshankar@chu.edu)
3

Thanks a Lot Dr. Shankar. I appreciate your reply.

Is there any anyone else in the same situation or had been through this kind of RFE? Any response would be much appreciated.

4

Is there any anyone else in the same situation or had been through this kind of RFE? Any response would be much appreciated!!

5

i’m stuck with the similar issue as yours lucky_girl. ive completed my first masters and had OPT denied so i’ve got an admit from other college. i’m thinking of applying CPT from the first day of college. please provide some suggestions on the issue and how to proceed further.

thank you.