EB2 - LC approved, I140 badly Stuck

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paranoid_insane

Registered Users (C)
Hello wizards

My LC got approved 1 month back through perm EB2. I have all the credential evaluations + experience letters + rest of documents to apply for I-140 and 485 together.

There is one problem which apparently looks smally but it has made me hung on the noose for last one month. One of my X employer where I worked for 4 months and they gave me 2 months of experience letter. I mentioned 4 months in LC AND hoped i would get it re-issued from them but they are not co-operating at all now. Also my supervisor in this company left (i have no contact) and no one else can testify this and issue either a reference letter.

This makes me 2 months short for having total 5 years of experience which is a must for EB2 as you know. I am very worried and haven't filed my I-140 yet because of this. Please suggest what should i do in this scenario where i actually worked 4 months but i only have 2 months of this company experiecne in my hand and no hope left of getting rest 2 months.

Can I make any sort of change in the dates i mentioned in LC ? I started working 3 months back in my very first company but never really needed to rectify that experience letter . Now that I am only short of 2 months ... I am thinking to submit the I-140 with 2 months exp letter that I have and get additional 3 months which i worked for my very first company.

I am not sure what to do in this catch-22 situation. Above is just the only option which would make my experience 5 year , 1 month.

waiting, thanks in anticipation.
 
Paranoid_insane, I am in a similar kind of situation. From the web searches that I have done, it looks like what you really want to do is an amendment to ETA 750-B, your qualifications/experience. This is not possible post-labor certification. Ask your lawyer what your options are.
 
Stucklabor as ur nick shows it all :) we have sometimes nothing left but to smile. The scope of misery is that vast.

I talked with my lawyer and she said either experience letter or the reference letter can solve my LC and there is no other option left but to re-file a new LC. She is giving me no freakin options ... i am very disappointed with her response , i mean lawyer should help you and give you options which we are not aware of and thats the reason i am looking at the forums.

I have a question .. lets say if i withdraw this LC and want to file a new LC but not in EB3 but in same EB2 ... is it possible ?? I know i have to spend extra money for the re-file but not sure if the same job advertisement can be re-used for the new LC i file ???

please suggest, do you foresee any options for my case ?
 
I'm not an attorney, but I was an immigration paralegal for a few years about 3 years ago, and most of my work dealt with LC's and i-140's.

paranoid_insane said:
Hello wizards

There is one problem which apparently looks smally but it has made me hung on the noose for last one month. One of my X employer where I worked for 4 months and they gave me 2 months of experience letter.
Click to expand...

This is actually, a very big problem, and it's why you should never run an advertisement for a labor cert until you get your experience letters.


paranoid_insane said:
Also my supervisor in this company left (i have no contact).
Click to expand...

I would do everything in my power to track this guy down. You don't need an experience letter from a company (although they work best); if you get a letter directly from a supervisor who can attest to your experience and provide contact information for that supervisor in the experience letter (name, address, phone, email, etc), then you should be okay. Language in letter should look something like this. Fill it out for him, and just have him sign it and return it to you.

"I worked at [insert company] from [dates] as [insert position]. I supervised [insert your name] and can attest that he did the following [insert skills] for [insert years]."


paranoid_insane said:
Can I make any sort of change in the dates i mentioned in LC ? I started working 3 months back in my very first company but never really needed to rectify that experience letter . Now that I am only short of 2 months ... I am thinking to submit the I-140 with 2 months exp letter that I have and get additional 3 months which i worked for my very first company.
Click to expand...

You can't submit an i-140 with different experience dates than the LC (although, there maybe an exception to this--again, i'm no lawyer). Also, in general, experience gained after employment again doesn't count (if it did, the gov't would argue then that a US worker could also get on-the-job training.)
 
paranoid_insane said:
I talked with my lawyer and she said either experience letter or the reference letter can solve my LC and there is no other option left but to re-file a new LC. She is giving me no freakin options ... i am very disappointed with her response , i mean lawyer should help you and give you options which we are not aware of and thats the reason i am looking at the forums.
Click to expand...

Well, there are times when a lawyer earns their pay. In your case, however, filing an LC when you didn't have your reference letters, well, that's hard to rectify.

I have a question .. lets say if i withdraw this LC and want to file a new LC but not in EB3 but in same EB2 ... is it possible ?? I know i have to spend extra money for the re-file but not sure if the same job advertisement can be re-used for the new LC i file ???
Click to expand...

LC's simply prove that there is a shortage of US workers and that the wage of the particular job is above prevailing. A certified LC can actually be used for more than one person. But to answer your question, yes, you can do as many Lc's as you want, but they cost money to file, and advertisements are also very expensive: 1500 for a sunday ad isn't out of the question.

I really think your best bet would be to call anyone and everyone you know that might know where your old supervisor went. Most the LC's that I filed didn't have this problem, but occasionally we'd come across a company that wouldn't write an experience letter, so we'd find the supervisor (whomever he/she worked for) and have them write it personally. Good luck.
 
Shubrick

Thanks alot for your time and insight replies.

My supervisor is out of country and i sent him an email. He seems to be more hesitant in issuing an official letter without company permission. I have even asked him to write it on plain paper.


A certified LC can actually be used for more than one person. But to answer your question, yes, you can do as many Lc's as you want, but they cost money to file, and advertisements are also very expensive: 1500 for a sunday ad isn't out of the question.
Click to expand...

Say if I consider the worst scenario and have to refile my LC for same category i.e. EB2 and for same job title and everything except for the additional work proof which i will include in this new LC (as approved LC can not be amended) it and go with what i have in hand for this 'X' company i.e. 2 months of experience , Would I still need a new job advertisement or I can use the one which was done for my original LC .. i.e. around 1.5 months back.

Please put some more light on this option of re-filing a new LC in EB2 with same everything except for additional work proof. The pros and cons that you foresee based on your experience.

Thanks alot for your time
 
certified LC's last a long time...more than 1.5 months...much longer. I'm not sure how long. The cool thing is that they are linked to that job title with those requirements, and they are 'owned' by the company, if my memory serves me well.

but the answer to your question
Would I still need a new job advertisement
Click to expand...
depends on how detailed the ad in the paper was. Some Lc's are certified with ads that aren't very detailed. the LC ads that I ran were always very detailed, and so there had to be perfect consistency between the ad, the LC, and the immigrant petition.

The part that is fuzzy is that 2 months shouldn't necessarily be prohibitive, but in practice it is.

one question: are you still working for the same company 'X' that the LC was filed for? I think that is what you are saying, and that you have more than 2 months of experience for this company 'x,' and would like to use that experience to offset the 2 months you are having trouble getting from a former supervisor. If that is the case, I think you would definitely be out of luck. The USCIS won't consider work at the company as job experience.

Regarding the supervisor who is reluctant to sign a letter, the letter doesn't even need to be on letterhead. Literally, this is what you need:

Accurate contact info,
A statement saying that he was your supervisor and that he'd attest to that,
Dates that he supervised you
Skills you performed
With a signature.

If I were you, I'd write this letter yourself, send it to him via email, have him fill in the contact info, print it, sign it, and mail it to you.

I'm getting back into immigration law this week here in Seattle. I'll be working for some good attorneys and I hope I might be able to find some more info regarding this 2 month issue. 2 months does seem to be a very inconsequential amount of time that a good attorney might be able to make a good case that it shouldn't count.
 
shubrick

The company 'X' is the one which is not offering me 2 months of experience. The company where I am working now and which has filed my labor... is very supportive. I have been working here for over a year now. If i could show +1 years of experience here then it would make my total experience = 6+ years and i would not have any problem whatsoever but unfortulately as you mention the immigration dont accept current employer experience.

I'll check with my lawyer tomorrow as ask her for details regarding re-filing of EB2 LC. I worked almost 3 months more in my very first employer and he agreed to re-issue the experience letter which would cover the experience gap. Then i will just submit the 2 months of experience of this company 'X' thats i have with me in had and file new LC.

I am still trying to literally beg by supervisor who first agreed to give reference letter on plain paper but now for some reason is afraid that i'll be sending it to immigration and who knows whats bugging him for just writing 2 additional months which i worked there but was not recorded in companies records.

I'll get back with latest details tomorrow.
Thanks for your being here in this hour of misery.
 
If you have 4 years, 10 months of experience, and they are from 3 different employers (just for the sake of argument): one says you worked for them for 3 years, another says you worked for 1 year 8 months, and one says you only worked 2 months (even if it's actually 4). That puts you up to 4 yrs, 10 months.

If the first company happened to have accidentally also short changed you by a few months, they could re-submit their letter to you indicating that you actually worked for 3 years 2 months, which would then put you up to 5 years. Granted, this is only allowed if it's true.

I had a case where the beneficiary asked his former employers for a specific letter lasting 3 years, b/c that's all he needed. But in actuality, he'd worked there 3 years 4 months. So when he encounted a similar problem that you face, we were able to go and get a correct letter and all bases got covered.
 
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shubrick said:
If you have 4 years, 10 months of experience, and they are from 3 different employers (just for the sake of argument): one says you worked for them for 3 years, another says you worked for 1 year 8 months, and one says you only worked 2 months (even if it's actually 4). That puts you up to 4 yrs, 10 months.

If the first company happened to have accidentally also short changed you by a few months, they could re-submit their letter to you indicating that you actually worked for 3 years 2 months, which would then put you up to 5 years. Granted, this is only allowed if it's true.

I had a case where the beneficiary asked his former employers for a specific letter lasting 3 years, b/c that's all he needed. But in actuality, he'd worked there 3 years 4 months. So when he encounted a similar problem that you face, we were able to go and get a correct letter and all bases got covered.
Click to expand...

Shubrick, in this case that you quoted above, did the ETA 750-B quote 3 years or 3 years 4 months?

In paranoid_insane's case, ETA 750-B is already certified, and experience from each employer is certified in stone. So how can he get a letter that overrides ETA 750-B?
 
Beg, Borrow Or steel..

Take an affidavit from a friend or just produce some exp letters..
Dont give up..


paranoid_insane said:
Hello wizards

My LC got approved 1 month back through perm EB2. I have all the credential evaluations + experience letters + rest of documents to apply for I-140 and 485 together.

There is one problem which apparently looks smally but it has made me hung on the noose for last one month. One of my X employer where I worked for 4 months and they gave me 2 months of experience letter. I mentioned 4 months in LC AND hoped i would get it re-issued from them but they are not co-operating at all now. Also my supervisor in this company left (i have no contact) and no one else can testify this and issue either a reference letter.

This makes me 2 months short for having total 5 years of experience which is a must for EB2 as you know. I am very worried and haven't filed my I-140 yet because of this. Please suggest what should i do in this scenario where i actually worked 4 months but i only have 2 months of this company experiecne in my hand and no hope left of getting rest 2 months.

Can I make any sort of change in the dates i mentioned in LC ? I started working 3 months back in my very first company but never really needed to rectify that experience letter . Now that I am only short of 2 months ... I am thinking to submit the I-140 with 2 months exp letter that I have and get additional 3 months which i worked for my very first company.

I am not sure what to do in this catch-22 situation. Above is just the only option which would make my experience 5 year , 1 month.

waiting, thanks in anticipation.
Click to expand...
 
stucklabor said:
Shubrick, in this case that you quoted above, did the ETA 750-B quote 3 years or 3 years 4 months?

In paranoid_insane's case, ETA 750-B is already certified, and experience from each employer is certified in stone. So how can he get a letter that overrides ETA 750-B?
Click to expand...


something happened to my post after I posted it and it was deleted.

the LC is only about deteriming whether there is a shortage of US workers and that prevailing wage is met for a particular job in a particular area. It's not the place to determine whether an applicant is qualified. If it were, you wouldn't be able to use a Labor Cert for mulitiple applicants. (granted, since I've not been practicing this stuff for a few years, the rule might have been repealed; on at least one occassion I've included one LC for two immigrant petitions for beneficiaries from the same employer, in the same place, with the same job).

If there is an error in an experience letter, even after it was used in a conjunction of a Certified LC, the truth is the standard. So, an experience letter can be corrected, and probably should be.

Of course it will look suspicious, but if it is the truth, then it's the truth. and a good argument at that.

Regarding the last poster, you might get away with it, but it could just as easily be discovered and will spawn an RFE. Lying in these applications would and should get you deported, to be honest.

The issue for paranoid is that, according to him, the truth is that he has 5 years of experience; the trick is one of his employers isn't being honest when they only acknowledge 2 months of work when it should be 4.
 
stucklabor

You are right. Making a fake experience is not much of a deal. I can do it myself but the consequences are as bad as you can be deported. In my case this is something i couldn't care less knowing that it can deport you and being treated a frogery infront of INS.

My misery is that i had only one supervisor. He agreed to write reference letter on the plain paper but once i made him talk to their HR manager who aparently seems to have a grudge on me or whatever ... he seems like an asshole to be honest. First he said if your supervisor will confirm that you worked extra i will give you and said you are just trying to cover up your immigration experience and thinks i am lying. my bad was that i should have taken the experience letter in 2003 when i worked for them. This internship was initially allocated for 6 weeks but due to the more features request by my project manager i worked till 4 months. This extra work was not recorded and my intention was to just show them my devotiona t that time and thought they would hire me or something. Its a multi national company and they have their own rules. and their HR manager is just being too much against and trying to drag me to water.

The other mistake i made was that i told them i need refernece for immigration which made them more afraid as if immigration will send them behid bars for writing 2 months of reference.

As i mentioned earlier, the very first employer where i worked gave me 3 years of experience. I have good terms with this fellow. He will re-issue me the experience letter covering additional 3 months.

Once i get that I am not sure what to do. some people say INS has records and what would you tell them once you file for the same category i.e. EB2 with everything same but company 'X' experience reduced to 2 months for what i have in hand and Company "1st" to start 3 months back. I am not sure if i can again aply for EB2 , what i need to do for this ? cancel existing approved LC?? or let it be and file another ?? would this create more complications ??

Please suggest if i assume i dont get 2 addition months from this company 'X' and what should be my line of action to defend my approved LC.

I am just too damn confused and worried. never thought 2 months could hung me in a broken shaft.

thanks
 
stucklabor,

i little sigh of releif. The total experience as of my approved labor is 5 years and 3 months. Even if i dont get those disputed 2 months and submit what i have for that company(2 months) , that will make total 5 years and one month in form of all original experience letter.

Would i be able to file the i-140? the totaly experience would be reduced from 5 year 3 month to 5 year 1 month since this company is not giving me additional 2 months.

what you suggest , what reason should be given to INS or lawyer for this lack of 2 months in contrast to what was on LC.

any suggestions more then welcome.
thanks alot
 
paranoid_insane said:
Would i be able to file the i-140? the totaly experience would be reduced from 5 year 3 month to 5 year 1 month since this company is not giving me additional 2 months.

what you suggest , what reason should be given to INS or lawyer for this lack of 2 months in contrast to what was on LC.

any suggestions more then welcome.
thanks alot
Click to expand...

If the LC states that 5 years is required, and you have documented 5 years and 1 month, I wouldn't say anything about the discrepancy. Doing so only brings attention to it. Once you have submitted your i-140, and if they then ask for an RFE, just explain the situation: that you have 5 years 3 months, but are only able to document 5 and 1 through no fault of your own. They would have no reason to deny you.
 
This work at company 'x' was internship but i developed a real working system for them which is currently in use within that organization. The title on my LC for this experience says 'Externship/Consultant' which the original experience i have says Internship. I think since i did this work after my graduation so it should be externship rest there is not much difference in externship and internship. I need to submit this experience letter to my lawyer now and see whats she thinks about it. I mentioned 'Externship/Consultant' on my approved l.c because i was very hopeful that i'll get the new experience letter from this company with correct dates and work designation but this is what i have now. 2 months short of what was mantioned in l.c and instead of extern my exp letter says internship. rest all my documents are complete , all major experience letter dates and designation match with l.c. If INS counts 2 months of this company then my total experience will be 5 year 1 month even if they count 1 month of this work i'll still have total 60 months of work i.e. 5 years.

just a little confused about the title difference as of l.c and exp letter.

It has been very helpful place for my inbiguities about the immigration process and steps.

Thanks alot four your help and concern!! i really mean it
 
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paranoid_insane said:
there is not much difference in externship and internship.
Click to expand...


My understanding, and again, I'm no lawyer, is that if you perform work (like an intership) and that work is a requirement for graduation, the experience does not count towards meeting the 5 year criteria for your LC.

But if you have completed the requirements of your degree, and then go to work, and you get paid for it, then you can call it whatever you want-- it does count towards that 5 years of experience requirement in your LC.
 
Shubrick

I am sorry for disturbance again by asking more questions.

I recently got in contact with the X manager of this disputed company. He is willing to give me the reference letter on blank paper. he worked in this company for more than 25 years and had senior position. Do you think i should get white paper reference letter from him and file my I-140 with that? the only thing thts bothering me is that he is retired now but he worked till 2005 and was aware of things/project i was working on.

If i file with original experience letter which says internship, i have doubt uscis might not consider as it says internship though this was paid work and after my graduation. Second option is i dont submit that experience and submit this reference letter by him on black paper but with consultant/internee job title and job durations same as of approved LC except for a week difference in starting day.

any suggestion is highly appreciated at this time from my side.

Thanks in advance.. & peace
 
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One suggestion would be to submit both the original letter (stating intership, with not enough months) AND the new letter (on white paper) with all of the true and correct information, but only on one condition: that the 2nd letter explain the disparity.

If it's a straight forward and honest explanation, you should be fine.

You could just submit the 2nd letter. On white paper. Just be sure to include accurate and reliable contact information. If you get an RFE, then you would probably just have to have the supervisor explain the difference. Do you know why company X doesn't give you full credit?
 
Shubrick

I have received the reference letter from my x supervisor who retied in 2005 from this company X while i worked for them in 2003. He sent me the reference letter on stamp paper attested with oath commisioner. Now i am thinking to go with just the referenece letter. what you suggest ?

The reason why this company X is not issuing me is that the hr manager or mangler is pissed at me for no reason and seems to have a grudge but he has the reason to deny my request because i should have gotten the experience letter at that time when my supervisor was there. initially it was 6 weeks of internship but as per reuest of this supervisor he asked me to add additional features in the software. I worked around 2 additional months without extra money or experience letter because i wanted to get hired with this compoany as a permanent employee but that did not happen. and later i got another job and did not ask them for money nor experience letter with extra work i did for them ... later i needed those 4 months and so i requested the supervisor who is currently working there ... he offered to give me reference letter on plain paper but later HR manager made him hesitent of doing thati dont know why he said later that he is not allowed to issue any such letter , probably he wants to save his ass though he said if it was white paper , he could have give it way earlier ..

bottom line , .. i have the attested and notarized ref letter from another supervisor .. and my questions is that should i go with it now ... i mean original experience letter less months and wrong designation .... and they are not correcting anything as hr manager says this is what you were offered at that place and nothing i can do ... he is a jerk
 
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