When applying for an H-1B visa or an I-485 green card adjustment of status, every detail in your petition matters. One of the most common and frustrating issues applicants face is a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or even a denial because of incorrect information provided on the resume.
If you recently received an H-1B or I-485 RFE, NOID, or denial for this reason, you are not alone. USCIS takes accuracy very seriously, and even a small inconsistency can trigger concerns about misrepresentation, eligibility, or the credibility of your case.
Why Resume Information Matters in H-1B and I-485 Cases
- Work Experience Claims – If your resume lists employers, job titles, or dates that don’t match official records, USCIS may question whether you meet the specialty occupation or experience requirements.
- Education Background – A mismatch between resume details and degree transcripts can raise red flags.
- Skills & Certifications – Inflated or misstated credentials can be viewed as misrepresentation.
- Employment Gaps – Unexplained or incorrectly presented time periods may prompt USCIS to question status maintenance.
Common Triggers for an RFE, NOID, or Denial
- H-1B Visa Applications
- Dates of prior employment that do not match payroll or tax records.
- Experience letters that contradict resume claims.
- Education details that differ from transcripts or degree evaluations.
- I-485 Adjustment of Status
- Past employment inconsistencies revealed through background checks.
- Overstating roles or responsibilities to qualify for a category.
- Listing employers later identified as fraudulent or dissolved.
How to Respond to an RFE or NOID
Responding to an RFE or NOID is not just about sending more paperwork. It’s about building a cohesive legal argument that convinces USCIS your case deserves approval. Many applicants try to respond on their own or with generic templates and end up facing denials because the response lacked strategy, evidence, or proper legal framing.
The difference between approval and denial often comes down to the quality of your response. A well prepared package can turn a weak case into a winning one. We’ve successfully helped clients overturn NOIDs, overcome RFEs, and even salvage cases that other law firms had given up on.
Denial and Next Steps
If your case is denied due to resume inaccuracies:
- Appeal or Motion to Reopen/Reconsider – File with USCIS or the Administrative Appeals Office.
- Refiling – In some cases, correcting the record and refiling is the fastest path.
- Waivers – If USCIS alleges willful misrepresentation under INA §212(a)(6)(C)(i), a waiver may be needed in limited circumstances.
How Our Law Firm Can Help
We have helped many clients overcome H-1B RFEs and NOIDs and successfully respond to I-485 challenges involving resume discrepancies. Our team:
- Reviews every detail of your petition for consistency.
- Builds strong documentary evidence to resolve USCIS concerns.
- Prepares persuasive legal arguments citing USCIS policy and case law.
Turn RFES or NOIDS Into Approvals With Our Help
An H-1B or I-485 RFE, NOID, or denial caused by incorrect resume information can feel devastating but it does not have to end your immigration journey. With the right strategy, documentation, and legal representation, we have successfully helped many people succeed. Contact us today at 305-515-0613 or email info@messersmithlaw.com to discuss your case.