F1 RFE -- Please help

[toadPro]

I had applied for a change of status from H4 to F1 and have now received the RFE (Request for Additional Evidence) saying the below.

1. Your application indicates that you have been away from your home country for an extended period of time. Provide documentary evidence that you have an employment in a foreign country and that you have been authorized vacation or leave of absence for the period of time already spent in the United States and requested on your application.

2. Submit justification for remaining in the U.S. to study instead of attending an institution in your home country.

3.how does the study at this time will be helpful to you after returning to your home country?

My background for you to get an idea:
Came to US in Mar 2008 on H4 visa. My husband has a valid H1 till 2016 and same I also got H4 extension till 2016.
Started school in Nov 2012 on H4 visa - pursuing MS in MIS.
Has anyone seen any query like this before? I really don't understand:
Point 1 : I'm not on leave of absence or vacation, no idea what made them write that
Point 2 : In the letter I had clearly mentioned my husband is here that is why I want to stay in this country
Point 3 : what documents I have to submit.
Point 4 : what points I have to mention in this?
Has any one seen anything similar to this? Any help will be highly appreciated.

Thanks in advance!

[jairichi]

I had applied for a change of status from H4 to F1 and have now received the RFE (Request for Additional Evidence) saying the below.

1. Your application indicates that you have been away from your home country for an extended period of time. Provide documentary evidence that you have an employment in a foreign country and that you have been authorized vacation or leave of absence for the period of time already spent in the United States and requested on your application.

2. Submit justification for remaining in the U.S. to study instead of attending an institution in your home country.

3.how does the study at this time will be helpful to you after returning to your home country?

My background for you to get an idea:

Came to US in Mar 2008 on H4 visa. My husband has a valid H1 till 2016 and same I also got H4 extension till 2016.

Started school in Nov 2012 on H4 visa - pursuing MS in MIS.

Has anyone seen any query like this before? I really don't understand:

Point 1 : I'm not on leave of absence or vacation, no idea what made them write that

Point 2 : In the letter I had clearly mentioned my husband is here that is why I want to stay in this country

Point 3 : what documents I have to submit.

Point 4 : what points I have to mention in this?

Has any one seen anything similar to this? Any help will be highly appreciated.

Thanks in advance!

1. I believe it is a mistake.

2  & 3. Only you would know the answer as people have different reasons to study in US.

[jairichi]

I had applied for a change of status from H4 to F1 and have now received the RFE (Request for Additional Evidence) saying the below.

1. Your application indicates that you have been away from your home country for an extended period of time. Provide documentary evidence that you have an employment in a foreign country and that you have been authorized vacation or leave of absence for the period of time already spent in the United States and requested on your application.

2. Submit justification for remaining in the U.S. to study instead of attending an institution in your home country.

3.how does the study at this time will be helpful to you after returning to your home country?

My background for you to get an idea:

Came to US in Mar 2008 on H4 visa. My husband has a valid H1 till 2016 and same I also got H4 extension till 2016.

Started school in Nov 2012 on H4 visa - pursuing MS in MIS.

Has anyone seen any query like this before? I really don't understand:

Point 1 : I'm not on leave of absence or vacation, no idea what made them write that

Point 2 : In the letter I had clearly mentioned my husband is here that is why I want to stay in this country

Point 3 : what documents I have to submit.

Point 4 : what points I have to mention in this?

Has any one seen anything similar to this? Any help will be highly appreciated.

Thanks in advance!

The 2nd and 3rd question are directed at you because on a F1 there should not be any intention to stay in US after studies. So, you need to justify those questions.

[t75]

Your husband appears to have a GC in process based on your H-4 dates. That translates to immigrant intent and thus ineligible for F-1 status.

[JoeF]

Has anyone seen any query like this before? I really don't understand:

For an F1, you have to have a residence abroad that you have no intention to abandon and that you are going to return to when you are done with the degree.

That's the fundamental thing about an F1.

That's what the RFE is about.

 

So, are you intending to return to your home country once you have graduated?

If not, then you have immigration intent, and can't get an F1, because an F1 doesn't allow immigration intent.

It is THAT simple. This is basic F1 stuff.

[jairichi]

Your husband appears to have a GC in process based on your H-4 dates. That translates to immigrant intent and thus ineligible for F-1 status.

@ t75: Interesting. How do you know that?

[rahul412]

I had applied for a change of status from H4 to F1 and have now received the RFE (Request for Additional Evidence) saying the below.

1. Your application indicates that you have been away from your home country for an extended period of time. Provide documentary evidence that you have an employment in a foreign country and that you have been authorized vacation or leave of absence for the period of time already spent in the United States and requested on your application.

2. Submit justification for remaining in the U.S. to study instead of attending an institution in your home country.

3.how does the study at this time will be helpful to you after returning to your home country?

My background for you to get an idea:

Came to US in Mar 2008 on H4 visa. My husband has a valid H1 till 2016 and same I also got H4 extension till 2016.

Started school in Nov 2012 on H4 visa - pursuing MS in MIS.

Point 2 : In the letter I had clearly mentioned my husband is here that is why I want to stay in this country

 

F1 student is expected to leave US after the education, that means you have to leave US after your school. But your previous stay in US clearly says that clearly doesn't have any intention to leave US after finishing the school.

 

So best thing to do is, forget F1 and continue your studies on H4.

[pontevecchio]

I would strongly suggest letting a Lawyer reply for you unless you do not mind studying in H4 status.

[priyanagarajan1983]

@ t75: Interesting. How do you know that?

She says she was in 2008 on H4 which obviously means her husband was on H1b. She says her current H4 is till 2016 which is more than 6 years from 2008. The 7th year extension is possible only if they have a GC in process. Also possible that they were out of US 1 full year and came back for a fresh 6 year term but the OP doesn't mention that.

[jairichi]

She says she was in 2008 on H4 which obviously means her husband was on H1b. She says her current H4 is till 2016 which is more than 6 years from 2008. The 7th year extension is possible only if they have a GC in process. Also possible that they were out of US 1 full year and came back for a fresh 6 year term but the OP doesn't mention that.

Wow. I am impressed. But, at this stage OP's spouse would have obtained I140 approval in EB2 or EB3 but I485 would not have been filed (as dates are not current for 2008) in which case OP is still not under GC filing. So, it should not affect her. Am I correct?

[JoeF]

Wow. I am impressed. But, at this stage OP's spouse would have obtained I140 approval in EB2 or EB3 but I485 would not have been filed (as dates are not current for 2008) in which case OP is still not under GC filing. So, it should not affect her. Am I correct?

She obviously doesn't have a "residence abroad that she has no intent of abandoning" (paraphrased from INA 101(a)(15).)

So, even if she doesn't have an I-485 filed, she is still unlikely to get an F1.

[Desi Dude]

OP is hiding something. Is she in US or outside?