Issues with LC application

R

rsemwal

Registered Users (C)
Hi All,

My LC(RIR, EB-3) was filed almost two years back and is currently stuck in Dallas DOL. I was going through my LC application(ETA750) and have following questions.

1. I started working in my current company one year before my LC was filed. My lawyer has listed that one year of experience with my current company in my LC application. I heard that you cannot list your current employer's experience in LC application or is it allowed as long as it was earned before the priority date.

2. MY LC requires minimum 2 years of experience and my application has listed almost three years of experience. At one point of time, I worked for a startup that closed its operation and I was without job for three months. But I was on OPT(F-1) during that time so status was not an issue. But my lawyer has shown that I was working for the same startup during those three months also (perhaps to avoid hole in my overall experience). Do you think we ought to fix it by sending a correction letter to DOL or I should try to get the same dates, as on LC, on my experience letter to be submitted with I-140 at a later stage.

3. I also worked as a co-op(intern) for one of the companies for one year and that experience is also listed in my LC application. But the lawyer has put my designation as "software developer". In my experience letter(for I-140), I can get the designation as "co-op software developer". Do you think this would work or it needs to be exactly the same as stated in LC.

I would appreciate if anybody has answers to above questions or has gone through similar situation.

Thanks.
 
I think you are worrying too much. Just follow what the lawyer says.
It is not worthy to worry something that has not happened / may not happen at all.
 
I think there are things to worry about ,
As far as I know , you cannot use the experience gained at your current employer to satisfy the minimum experience requirements.
As long as you satisfy the min experience requirement stated in the LC application (Total experience gained before joining current employer) you should be fine.
You should also be in a position to PROVE that you have satisfied the min experience requirement by
1) All Pay stubs
2) Appointment letters
3) Experience letters
4) any other document (like reviews etc) that proves that you were indeed working for the stated companies
These documents would be required if and when DOL asks for them.

If you cannot satisfy the Min Exp. requirements then either , the LC needs to be withdrawn and refiled with corrections OR Consult the lawyer for filing an amendment

Lacrossegc
!!!!!Im not a lawyer !!!!!!!!
 
Thanks for the replies.

I think that I dont have an issue with minimum experience requirement. Its just that (as explained in my 2 point) for one of the companies, my experience has been overstated by three months. WITHOUT those three months (plus the experience earned with current company), I still have two and a half years of experience. So my question was do I need to worry for those extra three months that have been shown in my LC application by mistake.
 
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