OPT RFE : Asking for pay stubs and unemployment details


spamoh

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Hi ,

           I applied for my OPT extension last year and after 4 months I got a RFE this week.

USCIS is asking for following information

 

1. Paytubs for entire OPT period ( first OPT before extension). 

2. Any unemployment period

3. W2

4 . Residence proof.

 

Here is is my situation.

My first OPT started on January 22nd 2013.  I joined a company as an employee and was under training for almost 3 months, then due to my pregnancy I did not work until August. Basically took leave from office.  Till august I was not paid.

From August I started working and have paystubs till december. Also received w2

 

Can you please help me on answering this RFE ?  How do I justify the leave from office  during my pregnancy?

 

Thanks

Spa

 

 

 

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Typical maternity leave is 6(normal delivery)  or 8 (C-section) weeks. Anything more than that without doctor requirement is excessive and your choice. You cannot explain away your refusal to report to work as an American woman would.

 

Itr sure looks like you violated the terms of OPT.

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Hi ,

           I applied for my OPT extension last year and after 4 months I got a RFE this week.

USCIS is asking for following information

 

1. Paytubs for entire OPT period ( first OPT before extension). 

2. Any unemployment period

3. W2

4 . Residence proof.

 

Here is is my situation.

My first OPT started on January 22nd 2013.  I joined a company as an employee and was under training for almost 3 months, then due to my pregnancy I did not work until August. Basically took leave from office.  Till august I was not paid.

From August I started working and have paystubs till december. Also received w2

 

Can you please help me on answering this RFE ?  How do I justify the leave from office  during my pregnancy?

 

Thanks

Spa

Talk to an attorney. Were you paid during 3 months of training? If the answer is NO then most likely USCIS would deny your OPT ext as being unpaid is considered as being unemployed.

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