I am in middle of processing H1b visa and USCIS asked me to provide RFE regarding whether I stayed in my home country for 2 years after my J-1 visa or 2 year requirement was waived.
I came to the States as J-1 visa in 2005 and changed my status to F-1 visa since 2006. I do not have any documents regarding J-1 visa anymore.
I contacted to the entity that sponsored me for J-1 visa. They don't have my documents. However, they told me all the cases that they did are not subject to two year requirement and they had my SEVIS number corresponding to my J-1 visa.
I sent a request to FOIA to retrieve my J-1 visa information. I am waiting for that.
I also got history of Entry/Exit from consulate. I went to my country during school breaks as F-1 visa status, that makes total 3 years and 7 days staying in my country after J-1 visa.
If I don't get back from FOIA before my RFE due date ( in 2 months and 10 days), may I submit my SEVIS number as RFE? and does staying in my country during breaks, as F-1 visa status, counts towards two year requirement?
What does your counsel of record suggest you do?
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staying in my country during breaks, as F-1 visa status, counts towards two year requirement
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