H1b RFE: Maintenance of F1 Student Status

Additional documentation is required to establish that the beneficiary was maintaining a valid F-1 nonimmigrant status at the time of filing.

Full Course of Study: To demonstrate that the beneficiary was maintaining a full course of study, you submitted:

• Copies of the SEVIS Certificates of Eligibility for Nonimmigrant Student Status (Forms I-20) issued to the beneficiary;
• Copy of the beneficiary's degree issued by School A;
• Copies of the beneficiary's transcripts issued by School A;
• Copy of the acceptance letter from School B; and
• Copy of the acceptance letter from School C.

You did not provide any evidence to demonstrate that the beneficiary was engaged in a full course of study at School B and School C.

You may still submit evidence to establish that the beneficiary has maintained a full course of study. Evidence may include, but is not limited to:

• Official copies of the beneficiary's transcripts issued by School B and School C;
• Copies of degrees and/or certificates issued to the beneficiary showing course completions;
• Receipts for tuition payments made by the beneficiary to School B and School C;
• Receipts for books, parking passes, and school supplies, for the period of time that the beneficiary was a student at School B and School C;
• The beneficiary's student ID for School B and School C;
• The beneficiary's course syllabi or outlines for their program at School B and School C;
• Documentary evidence to show that the beneficiary was physically attending the courses in which they were 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 academic period, session, term, semester, trimester, or quarter of study, for the duration of the time they were a student at School B and School C;
• 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.

OPT Unemployment:

Students engaging in F-1 post-completion OPT may not accrue an aggregate of more than 90 days of unemployment during the initial post-completion OPT period. Students granted 24-month OPT extension may not accrue an aggregate of more than 150 days of unemployment during the total OPT period including any initial OPT and the 24-month OPT extension.

Evidence in the record indicates that the beneficiary has not complied with this requirement. You indicated that the beneficiary was self-employed at China Taiwan Province LLC from April 2021 to August 2021. However, you did not provide any evidence showing that the beneficiary was actually working at least 20 hours per week during the said period. Furthermore, you did not submit evidence showing that the beneficiary was employed from July 2023 to October 9, 2023, which was the date the beneficiary supposed to start attending classes at School C.

You may still provide evidence that the beneficiary maintained their F-1 status during post-completion OPT. Evidence may include but is not limited to:

• Copies of all pay records/stubs for the beneficiary from the starting date of post-completion OPT to the present time.