Letterless
New Member
I'm an H-1B holder from Canada (and born in Canada) with a Master's degree in engineering and more than five years of experience. I've been advised by my company's attorneys that I need letters of experience indicating skills and experience for an I-140. They said that I need at least one letter from each company on their letterhead confirming my employment title and dates, and something from either company human resources or a former manager or manager's manager detailing skills and experience. My manager and I have already worked with them to craft the job description necessary for the application.
When the PERM law was passed in 2005, they required these experience letters but mysteriously did not compel employers or former managers to provide the letters nor to provide alternate means of proof (e.g. an interview with the I-140 applicant or a phone conversation with the Department of Labor to confirm these skills and experience). All the companies I've contacted have either ignored my requests or said they will not allow their managers to give these letters out to me, and will only confirm dates of employment. My former managers are themselves hanging by a thread at their jobs because of the poor economy and refuse to give me these letters so they don't lose their jobs. They also ultimately all give the reason that they don't want to get caught in a lawsuit. Even when I explained to my attorney that companies are only compelled to confirm only title and dates of employment, they seemed to play "dumb" and just told me to get them. I've found nothing on the Internet on this type of situation despite multiple searches.
Without these letters, I don't see how the attorneys can proceed with my EB-2 I-140 towards permanent residence, and my attorneys have not offered me any strategies to try and get these letters. I might be able to get enough to try for an EB-3, but I've heard of so many horror stories that it doesn't sound like it's worth the trouble. My gravest concern is that my employer will find out I can't get my I-140 (and therefore my permanent residence) that I'll be terminated from my job. I'm worried sick and fear that I'll actually never be able to work in the United States again for fear that future US employers will run into the same problem again, to the point where I've already started looking for jobs in Europe (since Canada is horrifically bad right now for tech employment).
The saddest part is that I tried once before to get my green card, back in 2000, and I was two months away from it before I changed jobs, which I understood invalidated that I-140 (or am I wrong?). At that time, however, getting an I-140 was so much simpler that I can't understand why I'd be going through this.
Can anyone suggest what I might possibly do to overcome this situation? What strategies did you use to get your letters? Is it likely that I will get an RFE or rejection if I simply submit letters on company letterhead with title and dates of employment? Or am I completely out of luck unless the law somehow changes? Any advice would be appreciated.
When the PERM law was passed in 2005, they required these experience letters but mysteriously did not compel employers or former managers to provide the letters nor to provide alternate means of proof (e.g. an interview with the I-140 applicant or a phone conversation with the Department of Labor to confirm these skills and experience). All the companies I've contacted have either ignored my requests or said they will not allow their managers to give these letters out to me, and will only confirm dates of employment. My former managers are themselves hanging by a thread at their jobs because of the poor economy and refuse to give me these letters so they don't lose their jobs. They also ultimately all give the reason that they don't want to get caught in a lawsuit. Even when I explained to my attorney that companies are only compelled to confirm only title and dates of employment, they seemed to play "dumb" and just told me to get them. I've found nothing on the Internet on this type of situation despite multiple searches.
Without these letters, I don't see how the attorneys can proceed with my EB-2 I-140 towards permanent residence, and my attorneys have not offered me any strategies to try and get these letters. I might be able to get enough to try for an EB-3, but I've heard of so many horror stories that it doesn't sound like it's worth the trouble. My gravest concern is that my employer will find out I can't get my I-140 (and therefore my permanent residence) that I'll be terminated from my job. I'm worried sick and fear that I'll actually never be able to work in the United States again for fear that future US employers will run into the same problem again, to the point where I've already started looking for jobs in Europe (since Canada is horrifically bad right now for tech employment).
The saddest part is that I tried once before to get my green card, back in 2000, and I was two months away from it before I changed jobs, which I understood invalidated that I-140 (or am I wrong?). At that time, however, getting an I-140 was so much simpler that I can't understand why I'd be going through this.
Can anyone suggest what I might possibly do to overcome this situation? What strategies did you use to get your letters? Is it likely that I will get an RFE or rejection if I simply submit letters on company letterhead with title and dates of employment? Or am I completely out of luck unless the law somehow changes? Any advice would be appreciated.