RFE -Leave of absence from employer

I came to the US in August to visit my sister and finally decided to stay for school. I filed a form I539 and said in the letter that I was interested in going to an English program and eventually get a degree in the US. I was going to school and working part time and quit my job before coming to this country. Now I got an RFE asking me to: - Provide evidence that I have an employment and that I have a leave of absence for period I will be studying here. I am not sure what to do since I never said in any of my applications that I had a job. Why would they ask me for a leave of absence if I did not say that I have a job? I am really taking school seriously and would like to get a degree before going to my country but I am not sure if I have a job waiting for me. Please help me! Thank you

Janesville, WI -

Attorney Answers (3)

Stephen D. Berman

Stephen D. Berman

Immigration Attorney - Chicago, IL
Answered

The issue is whether you have an unabandoned foreign residence to which you intend to return. A job offer is one way of proving that, but not the only way. I suggest you meet with an attorney who could help you show your eligibility for the F1 visa.

The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

I agree with my colleague.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
Theodore John Murphy

Theodore John Murphy

Immigration Attorney - West Chester, PA
Answered

The best course of action for you is to hire an experienced immigration attorney to help. There are several issues you have not addressed that an attorney should discuss with you. These include proper registration for student visa, funding for your support while in school, permission to work, OPT, to name a few. RFE's are often over-broad and request things that are not relevant in many circumstances.

The answer provided here is general in nature and does not take into account other factors that may need to be... more

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