** How important is this ...? ****

F

fast_gc_seeker

Registered Users (C)
Let's suppose somebody's 140 is approved and 485 is being processed,
how important is the experience letter from such a persons previous
employer?

In other words during 485 processing does USCIS care for experience
letter from previous emloyer{not the current employer}?
 
Hi fast_gc_seeker
It is at I-140 stage that USCIS looks for experience letters from previous and current employers. But once the I-140 is approved, you do not need the experience letters anymore.
During I-485 stage, they only need EVL-Employment verification letter from current employer

Hope this answers ur query
 
Might be

If they want to check previous status of the guy whose I-485 is in pending, might be checking the employment letter (<B>Might be and very rare </B>)....

may be I-94 is the solution for this.....hope they won't see back anything
 
experience letter or EVL for 485?

Is it true that experience letters matter only during 140 stage and
for 485 only EVL is needed?
 
Am I in status ?

Unitednations

How they validate my biographical information with my H1B.... I mean....I worked in different cities on diff projects...but my employer is same....In biographical information, we indicated all cities where we stayed since entered into US.....

Also could you please clarify this.... Are we should be in valid status since entered into US or since LAST entry to US.....
I have entered in 2000 first time, but extension is denied because I didn't submit my paystubs from my previous employer......I went to home country and got stamped and re entered in 2003 (Applied AOS in 2003 after reentering into US)....

Am I in status ?

Thanks
 
clear485 said:
How they validate my biographical information with my H1B.... I mean....I worked in different cities on diff projects...but my employer is same....In biographical information, we indicated all cities where we stayed since entered into US.....
Click to expand...

You've to list all addresses u stayed under biographical information
and also list all employers u worked for. So lets say u r with some
company and they send u to different client sites you will have
one employer under emplyers section and may addresses[corresponding to client sites] under residense address section of the form. Hope
this answers ur question.


clear485 said:
Also could you please clarify this.... Are we should be in valid status since entered into US or since LAST entry to US.....I have entered in 2000 first time, but extension is denied because I didn't submit my paystubs from my previous employer......I went to home country and got stamped and re entered in 2003 (Applied AOS in 2003 after reentering into US)....
Click to expand...

I believe they will check for authorized work from the day u first started working in US[dosent matter which visa category]
 
Thanks

Hi fast_gc_seeker,

Thanks for response. Sorry, still I am confusing.....

My employer is in NJ...working since 2002....but my projects are in MA, TX, MI and I stated in form only my addresses....(i.e MA, TX, MI Addresses).... I have mentioned somewhere my employer's address that is NJ's address....

Now how CIS knows these projects (MA, TX, MI) have done under my NJ employer.....

Sorry again, If I still not clear you (I could not able to ask)....

Thanks
 
clear485 said:
My employer is in NJ...working since 2002....but my projects are in MA, TX, MI and I stated in form only my addresses....(i.e MA, TX, MI Addresses).... I have mentioned somewhere my employer's address that is NJ's address....
Now how CIS knows these projects (MA, TX, MI) have done under my NJ employer.....
Click to expand...

Actually checking employer address (or HQ address) does not matter much. All they will check is the geographics area where you worked/lived and if you had valid LCA for that location. You employer needs to obtain LCA for each location (MA/TX/MI) before you start working at that location.
 
Thanks Pralay

Thanks Pralay,

That is employer's issue....they will show if CIS send an RFE on this....

Thanks
 
Thanks

Unitednations,

Thanks...
My employer always sent W2 for that particulat state(s) where I worked previously (State(S) tax id presents on every W2).... Is it enough that employer has valid LCA for that particulat state...so I am in valid status while working for that state....

If not, where can I check my employer has valid LCA for that state.....

Thanks
 
clear485 said:
Unitednations,

Thanks...
My employer always sent W2 for that particulat state(s) where I worked previously (State(S) tax id presents on every W2).... Is it enough that employer has valid LCA for that particulat state...so I am in valid status while working for that state....
Click to expand...

W-2/tax id is for only tax (IRS + state tax) purpose. It does not address immigration issue.
LCA is specific to geographic location (not geography "geography", but some kind of zoning defined by USCIS) and an apprved LCA does not cover a whole state. For example, if your LCA was obtained for Detroit location, probably working at Ann Arbor would be OK, but not at Lancing.
 
unitednations said:
The only purpose of the experience letters is to verify that you have the experience as required by the labor certification. That is, if the labor certification required two years of work experience they would expect to see previous employer letters to show that you had two years of work experience.

At 485 stage they look at your biographical information. In that you show all your work experience for the past five years before you filed 485. Main thing is they are going to look to see if you engaged in any work that you didn't have work authorization for. That is if you had h-1b they will see that the work you did in USA was authorized by the h-1b.
Click to expand...
Bottomline: @ 485 stage experience from previous employers dosent matter correct? what matters is if u had done some 'unauthorized work' or not?
 
unitednations said:
I know of one member last year who got an RFE and it seemed that uscis tried to contact one of those employers to verify (member came clean on the boards and admitted that he wasn't able to get a hold of the employer and he made up the letter).
Click to expand...

Do u mean to say USCIS tried to contact one of previous employers directly
and tried to verify something? what exactly you mean by he made up the letter?
 
unitednations said:
That's correct. He made up letterhead and signed it with a person's name who no longer worked for the company.

His reasoning was that he didn't know anybody who longer worked for the company and he made it up. USCIS did a random check by calling the contact on the letter.

USCIS has a very robust fraud department and they will try to verify information from a person's application.
Click to expand...



ohh...do u remember the end result? was it considered fraud or ...?
 
Last edited by a moderator:
What happened to that Guy who "made up the letter".... he got approval or directs to any fraud division....
 
What happens if the company gets closed or relocated or Phone# gets changed ? And most likely if the beneficiary's ex-employer happens to be in foreign country and the one of the letters are from them.
After reading this post, i called up one of my ex-employers office which i left 5 yrs and the phone system says that its out of service.
Its an ADP subsidiary company and still in business but have relocated.
btw, its not my GC petitioner.
I had submitted their W2 while filling 485 application.
 
Last edited by a moderator:
Previous Employer EVL Issues

If EVL for Previous Employer is not available for whatever reasons , are there any other alternatives to replace it ?
 
maxblacks said:
If EVL for Previous Employer is not available for whatever reasons , are there any other alternatives to replace it ?
Click to expand...
i guess any letter from former colleague or pay stub from that previous employer would help.
 
You must log in or register to reply here.
Top