Do I stand a chance of getting an RFE for H1B processing?

USA H1B Visa
1

Hello all,

The company where I work has filed my H1B petition. It is one of the most reputed organizations in the industry where I belong. Currently I am on OPT STEM Extension. My 12 month OPT started on Jan 2014. My OPT 90 days unemployment period was about to end. In order to prevent violation of status, I decided to join an IT staffing company to get employed. Technically, it was irrelevant to the stream in which I graduated, but in the offer letter my exemployer wordsmithed that I would be working on the area relevant to my stream. However, within 2 moths, in June 2014, I received a full time offer from my current employer. Hence, I moved on with that and applied for STEM extension which was approved.

So the crux of the concern is in the resume that I submitted to my current employer for filing H1, I have not mentioned that 2 months short employment period. So when USCIS reviews my case, and finds out that my OPT started on Jan 2014, whereas the first job on my resume is from June 2014, can this be a red flag? Can I get an RFE. Because I do not put that 2 months of short experience in my resume which was not at all relevant to something at which I am working.

Please advise. Thanks in advance! Thanks for your patience for reading such a long story!

2

It is not possible to say w/ certainty w/ what will happen.

USCIS may consider that OPT extension was approved after considering and validating previous OPT period. So they may not ask for proof of employment from Jan 2014-Jun 2014. In that case you are fine.

I don’t think they go into the detail of matching resume dates w/ other dates unless they have other reasons to suspect the authenticity of the case.

Just my 2 cents. In the end, it is officer’s discretion.

3

Thanks for your viewpoint.