Maintenance of Status RFEs and Their Impact on H-1B Petitions

A Maintenance of Status Request for Evidence is issued when U.S. Citizenship and Immigration Services questions whether a beneficiary remained in valid immigration status before an H-1B petition was filed. Unlike RFEs that focus on job duties or educational qualifications, this type centers entirely on status history.

USCIS reviews employment timelines closely. Gaps in work, late filings, payroll inconsistencies, or periods without pay can prompt additional scrutiny. If payroll documentation is missing or incomplete, officers may question whether the individual maintained lawful status during that period. Even short interruptions can lead to requests for clarification.

Changes between employers or visa categories can also draw attention. When someone transfers employers or shifts from one status to another, documentation must clearly show continuous authorization to remain and work in the United States. If filings were delayed or if records do not reflect uninterrupted approval, an RFE may follow.

Documentation and Continuity

Responding to a Maintenance of Status RFE requires detailed supporting records. Pay stubs, W-2 forms, tax filings, I-94 admission records, prior approval notices, and employment verification letters are commonly used to demonstrate lawful presence and work authorization. The objective is to establish a consistent timeline that confirms compliance with immigration regulations.

If a status issue occurred, it must be addressed directly. Providing incomplete records or overlooking a gap increases the likelihood of denial. Clear explanation paired with accurate documentation helps officers understand the circumstances and evaluate whether status was properly maintained.

Why These RFEs Matter

Maintenance of Status RFEs highlight how carefully USCIS examines the technical aspects of immigration compliance. Approval depends not only on current eligibility but also on past adherence to status requirements.

When employment authorization and lawful presence are clearly documented, questions raised in this type of RFE can often be resolved. Organized records and careful explanation remain central to demonstrating continuous compliance under H-1B regulations.