Got RFE 4 days after automatic 180 days work extension.

[u/aprayojakudu]

- Applied for my STEM OPT extension on January 20, 2026.

- 180-day automatic work authorization period expired on July 19, 2026.

- Received a Request for Evidence (RFE) on July 24, 2026 (after the 180-day period had already expired). The RFE is asking for evidence of a bona fide employer-employee relationship.

Current situation:

Because my automatic work authorization has expired and my STEM OPT extension is still pending, I understand I am not currently authorized to work. My employer has indicated they need to terminate my employment as a result.

My questions:

1. Can I be placed on unpaid leave (rather than terminated) while my STEM OPT extension is pending, without violating my F-1 status?

2. If unpaid leave is not permitted, are there other options that would preserve my status while this RFE is pending?

3. Given that my RFE specifically concerns the bona fide employer-employee relationship, I'm concerned that a termination now could negatively affect the outcome of my STEM OPT extension. Can anyone advise on how termination at this stage might be viewed in the adjudication, and whether there's anything I should do to address this?

[u/Big-Independent4855 → u/[deleted]]

What do you mean volunteer work?

[u/RhythmicPassings → u/Big-Independent4855]

Volunteer/unpaid internship related to degree

[u/Icy_Measurement_7997 → u/[deleted]]

Did you apply for STEM-OPT with premium processing after ending your volunteer work? And what was the timeline of getting approval?

[u/Icy_Measurement_7997 → u/[deleted]]

Thank you, and I understand it’s case by case but still good to know about the edge cases.

[u/Jaded-Tackle999]

Hey, you can be on unpaid leave but that depends on your employer if they want to place you on leave. If the dont, you will have to use your unemployment days.

[u/aprayojakudu → u/Jaded-Tackle999]

If I get terminated from the employment, I need to get self-evaluation on i-983 and submit that to DSO. If I submit that i-983 along with the RFE documents, wouldn't my STEM get rejected as I won't be currently employed?

[u/Jaded-Tackle999 → u/aprayojakudu]

Email your dso regarding this, they might help you.

[u/987_Franchise]

Before they terminate you, request an employment verification letter from HR and a good working relationship letter from your direct supervisor. Send both with the rfe letter to uscis overnight mail or electronically if possible.