Experience not sufficient
Hi Guys,
I just now got the denial notice from the attorney.
It says that 140 is denied because of insufficient documents to prove experience.
Mine is EB2- I have bachelor's degree.
I provided the following for my previous 2 companies
Along with petition:
Company 1: Notarized letter from a previous colleague stating my jobs and duties and skillsets.
Company 2: Appointment letter.
They put a rfe for experience letter from company 2. And I sent the following:
Company 2: Notarized letter from a previous colleague stating my jobs and duties and skillsets.
USCIS says, the documents I provided are not sufficent for Bachelors plus 5 years of progressive experience.
From the petition:
"
On Nov 8 2007, a RFE was sent requesting for additional evidence that the beneficiary had 5 years of progressive post-baccularate experience in the speciality.
Specifically, the request requested that evidence "of experience must be in form of letter from current or previous employers giving the name, address and title of employer and decription of the experience of the alien, including specific dates of employment, and specific duties."
In response the counsel resubmitted the same evidence from <company A> that had been submitted with the petition and included an affidavit from a co-worker at <company B>.
The evidence from <company A> in itself does not demonstrate the required 5 years of experience nor does it provide any information that indicates that the experience was progressive in nature.
The submitted letter from Mr.<co-worker in company B> is apparently from a co-worker who held the same position as the beneficiary and does not meet the requirements of the Request For Eveidence. Further the letter does not provide any evidence that the experience was progressive in nature.
In summary, the evidence establishes that the benificiary meets the requirement of baccularate degree or its foreign equivalent but does not establish that the beneficiary additionally has sufficient qualifying experience to show equivalence to an advanced degree.
"
Now my attorney is saying the following options:
1) file a MTR provided I get experience letter from my previous companies on letter head.
or
2) file an appeal saying the documents already provided were sufficient
I have 2 weeks time. The 2 previous companies are indian companies and I am not in good terms with them. I think it is difficult to get experience letter from them.
But even if I get letter from them, do you guys think this case has a chance?
Which option to go better? 1 or 2?
Also, could anyone help me in the format of experience letter?
How to show progressive experience?
Also, after we provide letter, will USCIS verify with my previous companies by contactng them? My previous company guys are crazy. Will they say anything bad about my experience?
Any help is greatly appreciated.
Thanks
-M
