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pramitsengupta

OPT STEM 17 months extension - RFE received

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My post completion OPT was from 2/1/2013 to 1/31/2014. From 2/5/2013 to 7/26/2013 – I have worked with company A as a 1099 employment. From 8/26/2013 to till date I am working with company B (an e-verified company) as a full time employee. Late Nov 2013 my current company (company B) asked me to move to H1b after my OPT ends. Over here please note I have about 1 year 7 months left from my previous H1b. I initially came to the US on H1b consumed 4 yrs 5 months of that H1b and then changed my status to F1 to pursue graduate degree. But I suggested that since I have a STEM qualified degree I would use my 17 months extension before using my H1b. That would extend my days of stay and working in the US. My company appointed lawyer agreed to that proposition and said in this time my labor and some other steps for my Greencard processing can be completed. Hence late Dec 2013 I applied to USCIS for my 17 months STEM OPT extension with the I-20 released by my school. Now I have received an RFE from USCIS asking my employment status from 2/1/2013 (the start date of my OPT) to 8/26/2013 (the start date of my employment with company B). So here are my questions now –

  1. For my initial 1099 employment I am providing – the Master Service Agreement between company A and me, the Work Order, my timesheets, proof of payments and the issued 1099. Are these sufficient documents or more documents are needed? I have send out an email to this company asking if they can generate a letter saying I have worked with them from 2/5/2013 to 07/26/2013 with my position detail and little bit about the job description – not sure if they will produce that for me though.
  2. USCIS is looking for documents that substantiate I was working during this period prior to 8/26/2013. All the contract documents that I signed with company A dates back to January 2013. As I was completing the paper work. But I actually started working with them on 2/5/2013 only after seeing that my OPT status on USCIS website changed to Approved and Card Production. Only after receiving the EAD I saw that I have missed 3 days of work as I could have started working from 2/1/2013. So again my question is – Is there any other document needed to prove that specifically mention 2/5/2013 was my start date and 7/26/2013 was my end date?
  3. This one may not be important for my case but I am curious to know – While sending out OPT Extension document I have not send out any of my previous employment document – like the offer letter, pay stub etc. How come USCIS is more concerned about my employment prior to company B. How do they have information about my employment with company B, which started on 8/26/2013 and not have my employment details prior to that? Is it because company B is a e-verified company and was reporting my earning to these systems. And since my employment with company A was ‘1099 employment’ they do not have any information about it.
  4. Also any other information/material/document that I may be missing out in my thought process to answer this RFE would be really helpful. Anything that I should do or add while answering this RFE.

Thanks for your help.

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The RFE would seem to be about providing evidence (documentation) that you were legitimately employed during the period in question, and did not exceed the 90 day unemployment limit while on OPT employment authorization.  The documentation you outlined would seem sufficient evidence.  However, as this is a public Internet forum, the best advise would be for you to review the RFE and your documentation with your employer's lawyer, who should be able and willing to help you.

 

As for the second employment with an E-verified company, yes, the government has records that you were employed through the E-verify system.  The information is that you were employed, but not the employment details such as salary.  The USCIS will not have information from the IRS regarding your 1099.

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I believe your evidence is sufficient. Work with your school DSO to respond to the RFE.

 

I also find it surprising that USCIS pulls up our employment record and asks for exactly what seems "missing", not that I care but it is just plain surprising to me.

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