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RFE -Leave of absence from employer

Janesville, WI |

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

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Attorney answers 3


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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


I agree with my colleague.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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 attorney to discuss your individual case.

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