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This week, Murthy Law Firm attorneys will answer questions related RFEs issued on cap-subject H1B petitions.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

   

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Hello, I got an RFE for H1b with maintaining of status and CPT. 

 

Here is the list of documents they are asking and the complete RFE. Do you know anyone who has got the same rfe and got their petition approved after it.

image
Full Course of Study

Copies of all pages of all SEVIS Certificates of Eligibility for Nonimmigrant Student Status (Forms 1-20) issued to the beneficiary from xxx University;
Official copies of the beneficiary’s transcripts issued by xxxx University;
Copies of degrees and/or certificates issued to the beneficiary showing course completions;
Receipts for tuition payments made by the beneficiary to xxxxx University;
Receipts for books, parking passes, and school supplies, for the period of time that the beneficiary was a student at xxxxx University;
The beneficiary’s student ID for xxxxx University;
The beneficiary’s course syllabi or outlines for his program at xxxxx University;
Documentary evidence to show that the beneficiary was physically attending the courses in which he was enrolled, including transportation receipts, confirmed transportation reservations, attendance records, etc.;
Evidence of the beneficiary’s U.S. residence (utility bills, rental contracts or receipts, etc.);
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 was a student at xxxxx University;
Evidence to show the beneficiary is or was making progress toward completion of a program of study;
Any other documentary evidence to establish the beneficiary has been engaged in a full course of study and working towards program completion.

Curricular Practical Training

Evidence that the beneficiary’s CPT work authorization is or was directly related to his or her major area of study.
The name of the course and course code in which the beneficiary is or was enrolled that requires CPT;
Documentary evidence that immediate participation CPT work authorization was required for the beneficiary’s studies;
cid:image001.png@01D51A2A.5229FE10Documentary evidence establishing both the beneficiary’s current major and that CPT is/was an integral (essential) part of the beneficiary’s degree program at xxxxx University;
Evidence of the cooperative agreement(s) between Hilton and xxxxx University
Detailed information explaining how the beneficiary obtained CPT employment at Hilton Worldwide; whether individually, through the school, or through an outside company or consultancy;

Multiple Years of Practical Training at Same Education Level

It appears that the beneficiary was granted more than 12 months of practical training at the same educational level. Specifically, he previously attended xxxxx State University and was granted optional training after the beneficiary completed his Master’s degree in Electrical Engineering. Follow the completion of his STEM OPT work authorization, he appears to have enrolled at xxxxx University and was granted curricular practical training to complete a subsequent Master’s degree in Computer/Information Technology Services Administration and Management, valid from January 7, 2019 to May 17, 2019.

Please provide detailed information cid:image003.png@01D51A2A.5229FE10cid:image004.png@01D51A2A.5229FE10to support the beneficiary’s need for additional practical training at the same educational level.

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On 6/3/2019 at 8:12 PM, crondeep said:

Hello, I got an RFE for H1b with maintaining of status and CPT. 

 

Here is the list of documents they are asking and the complete RFE. Do you know anyone who has got the same rfe and got their petition approved after it.

image
Full Course of Study

Copies of all pages of all SEVIS Certificates of Eligibility for Nonimmigrant Student Status (Forms 1-20) issued to the beneficiary from xxx University;
Official copies of the beneficiary’s transcripts issued by xxxx University;
Copies of degrees and/or certificates issued to the beneficiary showing course completions;
Receipts for tuition payments made by the beneficiary to xxxxx University;
Receipts for books, parking passes, and school supplies, for the period of time that the beneficiary was a student at xxxxx University;
The beneficiary’s student ID for xxxxx University;
The beneficiary’s course syllabi or outlines for his program at xxxxx University;
Documentary evidence to show that the beneficiary was physically attending the courses in which he was enrolled, including transportation receipts, confirmed transportation reservations, attendance records, etc.;
Evidence of the beneficiary’s U.S. residence (utility bills, rental contracts or receipts, etc.);
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 was a student at xxxxx University;
Evidence to show the beneficiary is or was making progress toward completion of a program of study;
Any other documentary evidence to establish the beneficiary has been engaged in a full course of study and working towards program completion.

Curricular Practical Training

Evidence that the beneficiary’s CPT work authorization is or was directly related to his or her major area of study.
The name of the course and course code in which the beneficiary is or was enrolled that requires CPT;
Documentary evidence that immediate participation CPT work authorization was required for the beneficiary’s studies;
cid:image001.png@01D51A2A.5229FE10Documentary evidence establishing both the beneficiary’s current major and that CPT is/was an integral (essential) part of the beneficiary’s degree program at xxxxx University;
Evidence of the cooperative agreement(s) between Hilton and xxxxx University
Detailed information explaining how the beneficiary obtained CPT employment at Hilton Worldwide; whether individually, through the school, or through an outside company or consultancy;

Multiple Years of Practical Training at Same Education Level

It appears that the beneficiary was granted more than 12 months of practical training at the same educational level. Specifically, he previously attended xxxxx State University and was granted optional training after the beneficiary completed his Master’s degree in Electrical Engineering. Follow the completion of his STEM OPT work authorization, he appears to have enrolled at xxxxx University and was granted curricular practical training to complete a subsequent Master’s degree in Computer/Information Technology Services Administration and Management, valid from January 7, 2019 to May 17, 2019.

Please provide detailed information cid:image003.png@01D51A2A.5229FE10cid:image004.png@01D51A2A.5229FE10to support the beneficiary’s need for additional practical training at the same educational level.

This is a very common RFE template. Feel free to call our to discuss the specifics of your case. 

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Hi,

i have received same RFE. I am doing my first Masters but continuing work on CPT from 1st semester (started working in 4th month after my course started). My course started in Oct-2017 and will end in Oct-2019. I was aware of the rule that I can not work on OPT if I get CPT after completing first 12 months on CPT and was ok with that. 

Am I adding days towards unlawful presence in US? 

Edited by HS110987
Added more information

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