I-140 - specific problem

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umashankarnk

Registered Users (C)
I have come to US in July first week.My employer is paying salary from August 15th. He gave me offer letter dated August 15th. When I apply for perm , will it be a problem. Will it be a problem (stay without pay for one month initially)during I-140 or later stages (I-480) .
I have around 10 years of experience. I did MS in 2003 and have experience of 3 years after MS. I was in US between 1998 and 2004 and went back to india and came to US this year. .I dont have W2s for 2003 and 2004 (worked partially). Will it be a problem
1- since i dont have W2- for 2003 and 2004
2 - i dont have experience letters (or offer letters) for the first two years of my IT experience

Thank you
 
umashankarnk said:
I have come to US in July first week.My employer is paying salary from August 15th. He gave me offer letter dated August 15th. When I apply for perm , will it be a problem. Will it be a problem (stay without pay for one month initially)during I-140 or later stages (I-480) .
I have around 10 years of experience. I did MS in 2003 and have experience of 3 years after MS. I was in US between 1998 and 2004 and went back to india and came to US this year. .I dont have W2s for 2003 and 2004 (worked partially). Will it be a problem
1- since i dont have W2- for 2003 and 2004
2 - i dont have experience letters (or offer letters) for the first two years of my IT experience

Thank you
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It all depends on how your background is categorized in PERM application for your LC and what criteria you job has, as far as requirement goes.

If you dont have W2s or any proof for 2003 and 2004, you are better off not to use that experience as a qualifier in you LC application.

1998 - 2000 : No experience letters. So you wont be able to use this time when justifying 140 application.

2003 - 2004 : No W2s, but if you can show paystubs and get exp letters then you will be able to claim this as valid experience.

Bottom line: Essentially, without complications the period between 2000 - 2003 is the only valid time where you can show and prove valid US experience with exp letters/W2s/PayStubs etc. So essentially your US experience should be categorized as 3, not the full 10 that you have.

Discuss these options with your attorney, and make sure your perm is filed with the right qualification and experience. Usually MS+3yrs exp would be more than sufficient to justify , as long as the right description is given by the attorney.

Good Luck.
Other Gurus are welcome to share their thoughts on this as well.
 
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