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Old 02-05-2016, 12:58 AM
query.h1@gmail.com query.h1@gmail.com is offline
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Default Regarding the experience letter for filing i140

Hello,
Question regarding the experience letter for filing i140.
I am currently working for Company B and have an approved EB2 PERM. Before joining this company, I worked for Company A outside USA for 4 years and for the same company A in USA for 2 years.
1) When my current employer Company B filed the PERM, we have given my experience Outside USA for Company A as Job1 and then my experience for the same company A in USA as Job2. My PERM was approved with these details.

For filing I140 as per policy Company A has given just one experience letter in letterhead for my entire 6 years of experience with them (outside USA and USA). This experience letter has all the responsibilities/skills and employment dates listed in PERM for my Job1 outside USA and Job2 USA experiences.

My attorney suggests we file the i140 with this PERM, Experience letter and a supporting Cover letter that will explain both the job experiences are for the same company. Will getting just one experience letter for Job1 and Job2 for the same employer create any RFE or issues in i140 approval?

Please suggest anything we could add while filing I140 that will help in getting an approval.

2) In the worst case if my i140 for this PERM is denied. Can my Current employer Company B file another PERM when their current PERM has not expired? Or should we wait till the expiry of the current PERM and then file a new PERM that will have all my experiences from Company A as in one Job? When we file a new PERM will we able to capture the priority date from the old PERM (whether it is still active or expired)?

Thanks,
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Old 02-05-2016, 12:21 PM
WillIWin? WillIWin? is offline
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Default Should not be an issue

As long as the job descriptions listed on the PERM match the experience letter, it does not matter much.

Does your experience letter distinctly list the two address? If not I would try to get that from the company. One letter, but clearly stating two work locations and durations.

Even if you are not able to get that, you should be fine, just make sure the cover letter explains the situation.
Hope this helps!
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