I-140 RFE Experience Letter!!


New Member

I work for a fortune 500 company. I applied for my GC under EB2, my labor is approved but I received an RFE for I140. I submitted all the experience letters from my previous employers except for one letter that is not being given to me by one of my ex. employers. I received an RFE for the experience letter(primary evidence for that employer) instead of a secondary evidence (that was provided by my coworker who also worked in that desi company four years ago).
RFE suggests that they will only consider secondary evidence if there is proof that primary evidence is not available. I have already sent certified mails and talked to the people in the desi company for my experience letter, but they are not willing to provide me the letter for 1 year of experience as they did not pay me regularly and only paid me for 4 or 5 months during my employment with them. I think that is the reason they are not providing me my experience letter. When I was not assigned projects, I would be working at their backoffice providing support and training to their employees in different projects. That company did not pay me for those periods and that is why I switched to another company. My H1B for that desi company is still in approved status as they have not revoked my H1B even after 3 years.
What do I need to do now. My lawyer is planning to sue that company for my backwages.
He is planning to show the efforts, that were made from me to get primary evidence,to USCIS and has asked me to write an affidavit about the work that I have done, so that he can send that in addition to the secondary evidence already provided by my ex-coworker(he is also moved to another company now).

USCIS has accepted all the other evidence but I am short of 8 months of 2 years that is required for EB2 acceptance( I have MS from US).

What other options do I have?
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Registered Users (C)
I think you somehow have to work with your previous employer to get the letter. The Company does'nt pay is not the question here. You were working for them that is all they want. If you can convince your previous employer that all you need that you were working there, then they might give you a letter.

Wish you all the best.


Registered Users (C)

I had an RFE and previous emploeyr did NOT want to give me experience letter and submitted the following, let me know what you think:
- Letter from past supervisor in his current company letterhead listing my duties etc
-4 notarized affidavits from Co-workers
-2 notarized affidavits from clients (including a University)
-ORIGINAL Backdated letter from that very same employer, on company letterhead, that i had used to travel to get H-1B stamp and clearly listing my duties and title but showing 1 year of exp. (i actually have 2, but since it is backdated. LC requires 6 months)
-Sample Work
-My photo and title on the company's old website
-notarized paystubs and tax returns as evidence that i worked there
-copy of my entire H-1B showing my duties and title
- a self affidavit listing ALL my efforts to obtain the letter, in vain
-an affidavit from a coworker, still working from the same company, listing his efforts to obtain the letter on my behalf, in vain

What do you think? your insight would help