Experience Letter

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chakrakr

Registered Users (C)
Hi, My Perm labor just got approved (no audit). It was for EB2 and I understand from attorney that it was approved without any issue.
Now I am getting ready for 140 (and praying for another July 2007 Magic :) )

Questions --

1) Does this mean that there are no more hurdles as far as EB2 classification (job requirement) goes (I have the qualification and experience; employer is a reputed one with enough profit to justify pay). Can/will CIS question if the position can be classified for EB2 ?

2) The experience letter which I got from my previous company is very generic. So I need supporting affidavits from ex-coworkers. Does the affidavit need to be in their current companies letter head or plain paper affidavit (notarized) is fine?

3) My entire past experience have been with one Indian multinational. Under them, I worked in India as well as US. The experience letter issued is from US branch (since I quit in US) and covers the entire period. The letterhead says that the US entity is a "wholly owned subsidiary of the Indian entity". Attorney (or rather the paralegal ) says that I need two different letters if they have different Tax ID. But the Indian entity does not operate in US and so does not have ANY US Tax ID. All US operation is through the US entiity (they have same name ... one ending in inc and other in ltd).
Is the letter issued by US entity fine or do I need separate letters ?

4)My earlier company used generic designations like Asst Consultant, Consultant etc. However, the role was that of Team Lead or Project Manager etc.
The company experience letter (summary) include the official designation (Consultant). Should the affidavit include "designation" or "role" or "designtaion and in bracket role"?
 
Your lawyer was correct, you need 2 seperate experience letters. Please make sure you have the required skill set and responsibilities (as in the labor certification) in the experience letter.
 
chakrakr said:
Hi, My Perm labor just got approved (no audit). It was for EB2 and I understand from attorney that it was approved without any issue.
Now I am getting ready for 140 (and praying for another July 2007 Magic :) )

Questions --

1) Does this mean that there are no more hurdles as far as EB2 classification (job requirement) goes (I have the qualification and experience; employer is a reputed one with enough profit to justify pay). Can/will CIS question if the position can be classified for EB2 ?

Absolutely there will still be hurdles. The PERM LC is the easier part from a documentation stand-point as none is required unless it is requested. The DOL's job is to verify that there are no willing or able US workers to fill the position. The USCIS's job is to determine if you qualify for it, hence your documentation must be fantastic.

2) The experience letter which I got from my previous company is very generic. So I need supporting affidavits from ex-coworkers. Does the affidavit need to be in their current companies letter head or plain paper affidavit (notarized) is fine?

Affidavits should be a last resort completely. The USCIS will likely reject them as there is too much room for fraud when a co-worker issues a letter. The preferred format should be on letterhead, issued by a supervisor or HR person, and contain your job duties & specific tools that you have used; it should contain your job title and your dates worked from/to. If it is a US occupation, your job title should correspond with what has been filed on your H1 petition. If you worked for a company overseas and in the USA, the sections where you worked for each should be divided. It is also advisable to have the number of hours per week, but that's not absolutely required. This is the format we have used without any issues from the USCIS.

Strong documentation (especially in EB2 cases) is a must. Also make sure whatever your letter states matches what was stated on your PERM petition.

3) My entire past experience have been with one Indian multinational. Under them, I worked in India as well as US. The experience letter issued is from US branch (since I quit in US) and covers the entire period. The letterhead says that the US entity is a "wholly owned subsidiary of the Indian entity". Attorney (or rather the paralegal ) says that I need two different letters if they have different Tax ID. But the Indian entity does not operate in US and so does not have ANY US Tax ID. All US operation is through the US entiity (they have same name ... one ending in inc and other in ltd).
Is the letter issued by US entity fine or do I need separate letters ?

The attorney/paralegal is right. The USCIS considers an entity in India and an entity in the US to be 2 completely different companies. Remember: This process is not like you are applying to a company for a job - this is the government you are dealing with. You can either get 2 letters, one on each letterhead, or one letter showing when you were in the US and when you were overseas.

4)My earlier company used generic designations like Asst Consultant, Consultant etc. However, the role was that of Team Lead or Project Manager etc.
The company experience letter (summary) include the official designation (Consultant). Should the affidavit include "designation" or "role" or "designtaion and in bracket role"?


Again, you have to make sure what is listed on your PERM petition is what is reflected in your documentation.
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Hi st4rguitar, your reply was great. thanks a lot.

I have been able to get a detailed experience letter from HR Manager of my previous company. Now the attorney says that the HR Manager signing the letter must state that he personally knows what and when I worked and he should have joined the company before me and still continuing (in other words, he must be there when I joined and when I left the company).

It is illogical that a 10000+ company's HR manager will know the work details of every employee and will be there for ever (before every employee joined) .

Is the attorney right or is he confusing this with a peer letter ?
 
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