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5 Reasons You Receive an RFE When Changing Status from H1B to F1
by Abby on May 30, 2024 10:39:36 AM
Many H1B visa holders consider changing their visa status after being laid off because they only have a 60-day grace period to find a new employer. If they fail to do so, they must leave the country—a challenging task given the current massive layoffs and economic downturn trends. Compared to changing H1B to a B2 status, which only permits a six-month stay maximum, changing to an F1 status can offer a longer duration to search for new job opportunities and further your education.
Changing your visa status from H1B to F1 can be a complex process, insufficient preparation can lead to Request for Evidence (RFE) from USCIS on your Form I-539 application. In this blog post, we'll uncover the top 5 common reasons you might receive an RFE when changing from an H1B to F1 status, and what you can do to avoid or prevent the RFE. By understanding these pitfalls and how to avoid them, you can streamline your application process and increase your chances of a smooth and successful transition.
Reason 1: Incomplete or Incorrect Form I-539
One of the most common reasons for receiving an RFE when changing from H1B to F1 status is due to errors or omissions on Form I-539. This form is essential for requesting a Change of Status from USCIS. It is crucial to understand the complexity of immigration law and USCIS policies to complete this form accurately.
Importance of Form I-539
Form I-539 is the key document used to request a Change of Status. This form requires detailed information about your current nonimmigrant status and your intent to change to another status, such as from H1B to F1. USCIS uses the information provided on this form to determine if you meet the eligibility criteria for the new status.
Common Mistakes on Form I-539
Many applicants make the mistake of filing their Change of Status applications directly, without professional guidance, especially since USCIS has allowed online filing of the Form I-539. Here are some common errors that lead to RFEs:
- Incomplete History: USCIS requires a comprehensive history of your stay in the United States. Simply providing evidence of your current status is insufficient. You must include a detailed account of your presence in the U.S. from the time you arrived until now. For example, if you initially entered the U.S. on an F1 visa and later changed to H1B, you must provide documentation for both statuses.
- Missing Initial and Supporting Evidence: When submitting your I-539 application, it is vital to include initial documents like your current passport, I-94 form, and a copy of your visa. Additionally, you should provide supporting evidence for both your current status and the new status you are applying for. For instance, if you are changing from H1B to F1, include your employment records for H1B and your I-20 form for F1, along with financial evidence demonstrating your ability to support yourself during your studies.
- Inadequate Explanation of Status Change: USCIS needs a clear explanation of why you are changing your status. Draft a cover letter that explains your reasons for changing from H1B to F1, detailing your educational goals and why they are important to you. This helps USCIS understand your intent and the benefits of your new status.
Check our step by step guide on how to complete the Form I-539.
Reason 2: Lack of Intent to Return Home
One of the primary requirements for obtaining an F1 visa is demonstrating nonimmigrant intent, meaning you intend to return to your home country after completing your studies in the United States. Failing to provide sufficient evidence of your intent to return home is a common reason for receiving a Request for Evidence (RFE) from USCIS.
Importance of Demonstrating Nonimmigrant Intent
USCIS must be convinced that you do not plan to immigrate to the U.S. permanently. The F1 visa is strictly for educational purposes, and you must show that you have strong ties to your home country, ensuring that you will return after your studies.
Common Mistakes and How to Avoid Them
- Weak Ties to Home Country: Applicants often fail to provide robust evidence of their connections to their home country. This can include family, property, employment, or other significant ties.
- Insufficient Documentation: Merely stating your intent to return home is not enough. You need to support your claim with concrete evidence.
Key Evidence to Demonstrate Intent to Return Home
- Family Ties: Providing evidence of close family members residing in your home country can help establish your intent to return. This could include letters from family members, proof of their residence, and statements about your relationship with them.
- Property Ownership: If you own property in your home country, such as a house or land, include official documents that prove ownership. This shows that you have significant assets and responsibilities back home.
- Employment Prospects: Include a job offer letter, employment contract, or a letter from your employer stating that you have a position waiting for you after completing your studies. If you are taking a study leave, a letter from your employer confirming this can be very persuasive.
- Financial Investments: Document any financial investments you have in your home country, such as stocks, business ownership, or other substantial assets. This demonstrates your long-term financial commitments back home.
- Educational Goals and Career Plans: Clearly outline how the education you will receive in the U.S. will benefit your career in your home country. Provide a detailed plan of how you intend to apply your U.S. education in your home country to advance your career or contribute to a particular industry or sector.
Reason 3: Inadequate Explanation of the Change in Status
When applying for a change from H1B to F1 status, it is crucial to provide a clear and compelling explanation of your reasons for the change. USCIS needs to understand your intentions and ensure that the change aligns with your educational and career goals. An inadequate explanation can result in an RFE, delaying your application and potentially jeopardizing your status.
Importance of a Clear Explanation
A well-crafted explanation helps USCIS understand your motivations and the benefits of changing your status. It demonstrates that your decision to change to F1 status is grounded in genuine educational goals and long-term career planning. This section should be detailed in your cover letter and supported by relevant documents.
Key Points to Include in Your Explanation
- Educational Goals: Clearly state your educational objectives and how changing to an F1 status will help you achieve them. Explain the specific program you intend to enroll in and why it is essential for your career development.
- Intent to Study: Emphasize your genuine intent to study full-time. USCIS needs assurance that you are not using the F1 visa as a means to stay in the U.S. without engaging in full-time education.
- Career Aspirations: Discuss your long-term career goals and how the educational program aligns with these goals. Provide details on how the skills and knowledge gained from the program will benefit your professional journey.
- Choosing the Right School and Program: Selecting the appropriate school and program is crucial to prove your educational intent. Enrolling in a reputable institution that offers programs aligned with your career goals strengthens your application. Here are four types of schools you can choose from when changing to F1 status:
- Traditional Research Universities and Colleges
- These institutions offer rigorous academic training and extensive research facilities, making them a strong justification for your change of status. However, they have limited enrollment windows and higher tuition costs.
- Day 1 CPT Universities
- These universities offer multiple enrollment periods and emphasize professional training. They are more affordable and provide immediate CPT opportunities, which can be beneficial for H1B holders needing a swift transition. Day 1 CPT universities make your application more compelling if you already hold a bachelor's degree. Get a full list of Day 1 CPT Universities.
- Language Schools (ESL Schools)
- Suitable for those who need to improve their English proficiency. However, they are less convincing for USCIS if you have previous U.S. education or work experience, and the program duration is typically shorter.
- Community Colleges
- More affordable and suitable for those without a U.S. degree. They offer the option to transfer to a prestigious university later, but they do not provide full-time CPT, which limits work experience opportunities.
- Traditional Research Universities and Colleges
Reason 4: Insufficient Proof of Financial Support
One of the most critical aspects of your Change of Status application from H1B to F1 is demonstrating sufficient financial support. USCIS requires proof that you can financially sustain yourself throughout your studies without relying on unauthorized employment. Failure to provide adequate financial evidence is a common reason for receiving an RFE.
Importance of Financial Support
When you apply for an F1 visa, USCIS needs to ensure that you have the necessary funds to cover tuition, living expenses, and other costs associated with studying in the United States. This is to prevent any potential burden on public resources and to confirm that you are capable of maintaining your status as a student.
Common Financial Documentation
To avoid receiving an RFE for insufficient proof of financial support, ensure you provide comprehensive financial documentation, including:
- Bank Statements: Submit recent bank statements showing a balance sufficient to cover your expenses.
- Affidavit of Support: If someone else is sponsoring you, include an affidavit of support along with their financial documents.
- Scholarship Letters: If you have received any scholarships, include official letters detailing the amount and terms.
- Financial Guarantee Letters: For international students, letters from banks guaranteeing funds are often required.
Types of Schools and Their Financial Costs
Choosing the right type of school can also impact your financial requirements. Here are four types of schools you can choose when changing to F1 status, along with a comparison of their financial costs:
- Traditional Research Universities and Colleges
- Description: These institutions offer a wide range of undergraduate and graduate programs with extensive research facilities.
- Cost: Tuition can range from $20,000 to $50,000 per year.
- Day 1 CPT Universities
- Description: These universities allow students to participate in Curricular Practical Training (CPT) from the first day of their program.
- Cost: More affordable options with tuition ranging from $8,000 to $16,000 per year.
- Note: If you are having trouble providing the savings for a more expensive program, Day 1 CPT universities can be a viable, SEVP-approved alternative.
- Language Schools (ESL Schools)
- Description: These schools focus on teaching English as a Second Language, which can be a pathway to other academic programs.
- Cost: Tuition can range from $5,000 to $15,000 per year.
- Community Colleges
- Description: Community colleges offer two-year associate degrees and are often more affordable than four-year institutions.
- Cost: Tuition typically ranges from $3,000 to $8,000 per year.
Reason 5: Discrepancy Between Residence and School Location
Another common reason for receiving an RFE when changing from H1B to F1 status is a significant discrepancy between your current residence and the location of the school you plan to attend. USCIS may question your intent to study full-time if you live far from the educational institution, suspecting that you might not genuinely intend to enroll in the program or attend classes regularly.
Importance of Proximity to School
USCIS expects F1 visa holders to live within a reasonable commuting distance from their school. Living far away from the school could raise doubts about your commitment to the academic program and your ability to maintain full-time student status.
How to Avoid or Respond to an RFE for Residence-School Discrepancy
- Plan to Relocate: If you plan to move closer to your school, include evidence of your relocation plans in your application. This could include lease agreements, housing applications, or correspondence with real estate agents in the area near your school.
- Active House-Hunting: Show that you are actively looking for housing near your chosen school. Provide documentation such as emails with landlords, rental applications, or listings of properties you are considering.
- Temporary Accommodation Plans: If you will initially stay in temporary accommodation before finding a permanent residence, provide details and proof of your temporary housing arrangements, such as hotel bookings or short-term rental agreements.
- Statement of Intent: Write a detailed statement explaining your plan to relocate and why you chose the particular school despite the current distance. Include information about your housing search and any steps you have taken to secure accommodation near the school.
Key Evidence to Include
- Lease Agreements or Proof of Housing Search: Provide copies of lease agreements if you have already secured housing near the school. If not, include proof of your housing search, such as emails with potential landlords or real estate agents, rental applications, and listings of properties you are considering.
- Temporary Housing Arrangements: If you have arranged temporary accommodation, include details and proof, such as booking confirmations for hotels, short-term rentals, or agreements with friends or family members near the school.
- Statement of Intent: Write a comprehensive statement explaining your intention to move closer to the school. Discuss your housing search efforts, reasons for choosing the school, and your commitment to attending classes regularly.
Conclusion
Changing your visa status from H1B to F1 can be a complex process, and insufficient preparation can lead to a RFE from USCIS. By understanding and avoiding the common reasons for RFEs, such as incomplete or incorrect Form I-539 submissions, lack of proof of financial support, insufficient evidence of nonimmigrant intent, inadequate explanations for the change in status, and discrepancies between your residence and school location, you can streamline your application process and increase your chances of a smooth and successful transition.
If you need any help changing from H1B to F1 status, whether it's choosing the right F1 school or getting assistance with your Change of Status application, contact us! We offer free, unlimited school consultations and expert guidance to ensure your application is thorough and compelling. Let us help you navigate the complexities of your visa change and secure your future in the United States.