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  #1  
Old 06-18-2010, 11:24 AM
LONGGCQUE LONGGCQUE is offline
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Default I140 RFE on experience letter

Gurus/Experts,
First of all, thanks for your time and any suggestions you can provide for me to handle my case.

Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs

Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.

Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.

Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.

Thanks again for your time.
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  #2  
Old 06-18-2010, 11:54 AM
LONGGCQUE LONGGCQUE is offline
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Default ^^

Someone please share your experience
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  #3  
Old 06-18-2010, 12:29 PM
optimist optimist is offline
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Default

The evidence of experience should include Job Responsibilities(detailed), Salary, Dates and peferably on company letterhead (or at least should have full contact information of person writing the letters, to prove authenticity). If the papers you already provided (affidavits from co-workers, previous co. offer letter, yearly appraisal letters and last few pay stubs) have all this info, they should be enough to prove your experience.

Are you sure your 'company lawyer' is handling this case well? There are innumerable horror stories of company "lawyers" messing up a perfectly good case and 'forgetting' to submit all documents with the petition. Please get all the papers from your company lawyer and consult with your own attorney to discuss the case ASAP - it will be really worth paying for this consultation.

Good Luck!
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Disclaimer: I am not a lawyer. Everything written here is my personal opinion and may or may not be legally valid. Please consult a qualified legal advisor before making any decision.

Last edited by optimist; 06-18-2010 at 12:35 PM.
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  #4  
Old 06-18-2010, 04:01 PM
frostrated frostrated is offline
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Default

To add to that, keep following up with your lawyer. Dont assume that lawyers know everything. My lawyer destroyed my case and made me loose my 2001 labor. I have now refiled and have a 2004, a loss of 3 years, but in reality, I could have had my green card nearly 8 years ago if it had not been for the mess up. There was nothing that I could do as the company was running the show. All i could get them to do was to refile again.

In addition to the letters from co-workers, send as many paystubs that you can get, W2 forms and tax returns (or the indian version), bank statements, etc. Also include a letter along with proof that you requested a letter from your old employer.
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  #5  
Old 06-18-2010, 05:11 PM
desitechie desitechie is offline
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Default

I got a letter from my supervisor/manager detailing my experience and duration and got it notarized.

Worked for me.
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  #6  
Old 06-18-2010, 05:43 PM
uma001 uma001 is offline
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Default

How many of years of experience is required for this position. Does it require 10 years of experience. Usually USCIS asks for exp.letters for those years that are mentioned in the requirement. I dont know why they are asking for all 60 months .


Quote:
Originally Posted by LONGGCQUE View Post
Gurus/Experts,
First of all, thanks for your time and any suggestions you can provide for me to handle my case.

Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs

Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.

Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.

Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.

Thanks again for your time.
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  #7  
Old 06-18-2010, 05:55 PM
LONGGCQUE LONGGCQUE is offline
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Default

Uma001, My labor mentions Bachelors plus 5 yrs of exp., I am not Masters. 60 months exp. is written on my Labor and so thats what the RFE is about.

Any thoughts ?

Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks
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  #8  
Old 06-18-2010, 06:01 PM
uma001 uma001 is offline
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uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of
Default

Quote:
Originally Posted by LONGGCQUE View Post
Uma001, My labor mentions Bachelors plus 5 yrs of exp., I am not Masters. 60 months exp. is written on my Labor and so thats what the RFE is about.

Any thoughts ?

Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks
So that means you have 4 more years of additional exp before PERM filing. But USCIS did not ask for those letters.
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  #9  
Old 06-18-2010, 06:06 PM
LONGGCQUE LONGGCQUE is offline
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Default

Uma001,
My previous to previous employment is 3.5 yrs for which they said nothing. RFE clearly mentions name of my last employer and says to submit proof with dates worked from-to, responsibilities and job details.
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  #10  
Old 06-18-2010, 06:36 PM
anilkumar0902 anilkumar0902 is offline
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Default Don't worry..

Everything will be alright. It happened to me the same way .I just submitted an experience letter from one of my colleague who is still employed with my previous employer. My 140 was approved as soon as they received the documents.

I hope you have progressive experience (it means, growth within the company, as you gain years of experience). This is essential. Other than that, you should be good.

Cheers
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  #11  
Old 06-19-2010, 10:03 AM
copsmart copsmart is offline
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Default

I totally agree.

My PERM application was rejected several times due to my ex-employer Attorney's negligence, and my priority date got pushed. Finally, I ended up hiring my own attorney, and hence I was able to file AOS back in July 2007.

LONGGCQUE

Try to submit as many proofs as you can, such as pay stubs, tax papers, appraisals & etc. As for the experience letter, your attorney should write a letter to USCIS explaining the situation, with all the above mentioned documents attached.

Oftentimes, we know better than what some attorneys do. They are not always right.

Seek a second opinion if necessary.


Quote:
Originally Posted by frostrated View Post
To add to that, keep following up with your lawyer. Dont assume that lawyers know everything. My lawyer destroyed my case and made me loose my 2001 labor. I have now refiled and have a 2004, a loss of 3 years, but in reality, I could have had my green card nearly 8 years ago if it had not been for the mess up. There was nothing that I could do as the company was running the show. All i could get them to do was to refile again.

In addition to the letters from co-workers, send as many paystubs that you can get, W2 forms and tax returns (or the indian version), bank statements, etc. Also include a letter along with proof that you requested a letter from your old employer.
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  #12  
Old 06-22-2010, 11:57 AM
LONGGCQUE LONGGCQUE is offline
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Default Comments please

Copsmart/Frostrated/anilkumar0902/Uma001/desitechie/Optimist/Other Guru's,

Thanks in advance for any suggestions you can provide

Here is the current status:

- Consulted my lawyer and went thru all docs they submitted as part of my I140 package. On my last employer experience, found out that I had submitted only one affidavit from a co-worker and that would cover for less than 60 months of experience at my last my place.
- Came up with a list of some 30+ documents that include paystubs from US/India, W2/Form16's, letters submitted to CIS by previous company for new H1b back in 2003 and then for an extn in 2006, appreciation letters and other material on previous company letterhead. Discussed this with my lawyer
- Lawyer is of the opinion that we can prove our case of alternate evidence based on documents i am producing.
- Plan is to submit an affidavit from me that i was unable to get an exp. letter from my previous employer mentioning reasons on why its not possible, submit 2 affidavits from ex co-workers covering span of 63 months.

Based on your scenario or known people, can one of you respond to how should i approach following issues:
1) I am going to draft content for experience letter non-availability. I have mail trail from last 1 year following up on asking for details of $12K. Same mail mentions that am asking for experience letter and provident fund amount back from HR. Will it be a good idea to attach deputation letter mentioning 5 lac indian rupee to be paid for breach of terms and a 100 rupee bond paper contents which i signed before US deputation. Will it be Ok to mention that previous employer is asking for $12K settlement amount to provide experience letter and attach copies of bond and deputation note OR only mention that am unable to get experience letter and i have been following up with HR for last 1 year and attach email trail as evidence. Any pros and cons from CIS perspective on which approach to choose.
2) Any other documentation that needs to be submitted ? Supporting evidence alongwith company lawyer detailed letter, 2 affidavits from co-workers for skills and duration, self affidavit for experience letter not available will be -
> Paystubs from US/India, not for all 63 months but for some months in 2004/6/7/8.
> W2's for 2005/6/8.
> Form 16 for 2005-6/2007-8
> Offer letter, yearly appraisal letters, US deputation letters, appreciation letters, ID Cards, 3 Business cards showing change in designations.
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  #13  
Old 06-22-2010, 12:15 PM
thomachan72 thomachan72 is offline
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Default

Quote:
Originally Posted by LONGGCQUE View Post
Copsmart/Frostrated/anilkumar0902/Uma001/desitechie/Optimist/Other Guru's,

Thanks in advance for any suggestions you can provide

Here is the current status:

- Consulted my lawyer and went thru all docs they submitted as part of my I140 package. On my last employer experience, found out that I had submitted only one affidavit from a co-worker and that would cover for less than 60 months of experience at my last my place.
- Came up with a list of some 30+ documents that include paystubs from US/India, W2/Form16's, letters submitted to CIS by previous company for new H1b back in 2003 and then for an extn in 2006, appreciation letters and other material on previous company letterhead. Discussed this with my lawyer
- Lawyer is of the opinion that we can prove our case of alternate evidence based on documents i am producing.
- Plan is to submit an affidavit from me that i was unable to get an exp. letter from my previous employer mentioning reasons on why its not possible, submit 2 affidavits from ex co-workers covering span of 63 months.

Based on your scenario or known people, can one of you respond to how should i approach following issues:
1) I am going to draft content for experience letter non-availability. I have mail trail from last 1 year following up on asking for details of $12K. Same mail mentions that am asking for experience letter and provident fund amount back from HR. Will it be a good idea to attach deputation letter mentioning 5 lac indian rupee to be paid for breach of terms and a 100 rupee bond paper contents which i signed before US deputation. Will it be Ok to mention that previous employer is asking for $12K settlement amount to provide experience letter and attach copies of bond and deputation note OR only mention that am unable to get experience letter and i have been following up with HR for last 1 year and attach email trail as evidence. Any pros and cons from CIS perspective on which approach to choose.
2) Any other documentation that needs to be submitted ? Supporting evidence alongwith company lawyer detailed letter, 2 affidavits from co-workers for skills and duration, self affidavit for experience letter not available will be -
> Paystubs from US/India, not for all 63 months but for some months in 2004/6/7/8.
> W2's for 2005/6/8.
> Form 16 for 2005-6/2007-8
> Offer letter, yearly appraisal letters, US deputation letters, appreciation letters, ID Cards, 3 Business cards showing change in designations.
I would highly value the following since you already have them; Offer letter (hopefully having some of your duties and benefits indicated), yearly appraisal letters (for all 5 years if possible), copy of the Indian income tax forms, appreciation letters + affidavit from couple of your colleagues.
The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones.
List the evidence on a seperate paper in the order of importance and then arrange the actual evidence or notarized copies in that order.
It will work out so dont worry.
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  #14  
Old 06-22-2010, 12:27 PM
sac-r-ten sac-r-ten is offline
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Thumbs up good luck

nothing in advice/suggestion, just wishing you good luck with your endeavour.
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  #15  
Old 06-22-2010, 02:04 PM
LONGGCQUE LONGGCQUE is offline
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Default ^^^^

^^^ bump ^^^
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