NSC I-140 RFE Experiances

:( Hostile situation for Experience Letter

Hi,

I am in the same situation as you. I have like more than 8 years of experience. My previous employer is not giving me expereince letter and he is hostile to me. I am in a unique situation where in My current employer is also dealing with the same lawyer as my previous employer. While appling for Labour, I had the same problem and tried my level best to get the experience letter but in vain. He doged me for more than 2 months saying that he would think about it and let me know. He just made me run around and I also made thousands of calls to even India when he was there. Some how I managed and convinced my Lawyer to accept affidavit letter from my co-worker and that worked out and got my labour approved on Feb 2006. Now I need to apply for I 140 and Lawyer is saying that he can not submit the I 140 with out my previous employer's experience letter. I am sitting ducks and my H1 expires 6 years in September. Please advice and let me know how did u guys managed.

Employer A (From India) - 2 years. Got experience Letter
Employer B (USA- Indian Employer) - 5 years - No experience Letter
Employer C (USA- Indian Employer) - 1 year - Current Employer.

But I got all my W2's and paystubs which my lawyer is saying is not useful. Any insight would be appreciated.
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Experience letter

1) Do you have documented effort that you tried in good faith to get the letter "repeatedly"?

2) You must also show "progressive" experience.

You will need to present this evidence to USCIS, along with affidavits.


As far as Indian employers in US are concerned, they sometimes violate the terms of H1B visa. Did your employer at any time violate the H1 terms?

1) non payment of wages. 2) illegal pay cut etc. If so you have an advantage. Hire a lawyer and send them a notice, chances are that most probably they are willing to make a settlement.
 
Got an RFE about EB-2

I got an RFE about a month ago stating "Please provide the position requires an advanced degree professional" They also stated " The application may be amended to the EB-3 category". We responded last week with supporting evidence to show how the position requires a professional with an advanced degree. We list that I manage two programmers one of whom also has an a Master's degree. We list salary which is in the upper 60's and stated that it's approved for a 10% raise to the mid 70s by December of this year. We stated the level of programmming of medical instruments requires a person with advanced education or extensive experience. My lawyer asked them to approve it for EB-2, but if not, to amend it to EB-3 to be on the safe side. What do you guys think from your experience is going to happen. Are they going to approve it as EB-2 or EB-3?

Thanks.
 
richdreams,

I do have progressive experience. Out of which got stuck with 5 years with this guy. I have sent him an email last week. before that I was talking almost a year with him to get my experience letter with no luck other than my telephone bill increased that I called him in India atleast 10 times and to local office atleast 100 times.

bluez25
 
I am in the same situation. I do have several emails and responses from my former employer stating they would not give the letter. HR gave me a letter covering my tenure with them and told me to contact my manager but he refuses to give the letter.

Can I use these emails as proof of my attempts to get primary evidence?.

What other form of proof is required?.

Thanks for your help
Project_A
 
Project A and Bluez:

No point in getting emotional. Your employers are tricky. You can use those emails as evidence, but there is always an element of risk if the primary evidence is absent. You can also choose to persue the letter provided:

1) Other employees have got similar letters and you were not given letter in that format
2) You were promised implicitly or explicitly that letter will be given.

You need to have a documented proof of that.

Always, always keep written evidence. It creates a trail that you can use to your advantage. If you think that you have enough evidence, persue it by hiring a local lawyer. If you charge someone that they have crossed a line, the chances are that they want to make a settlement. You need a good lawyer. Dont worry, its not your reputation but it is your ex-company's reputation that is at stake.
 
Tracking info for my 140

Hey inspite of lot of trouble getting my experience letter from my previous employer, I have asked my attorney to submit the application. Track it in the XLs with following info. I will keep you guys posted.

Labor PD: 02/02/2006
Labor AD: 04/15/2006
I-140 ND : 05/23/2006
I-140 LUP: 05/25/2006
 
I140 applied

PD = priority date (normally, for EB2/EB3, the date of labor filing)
RD = receipt date (when USCIS received application)
ND = notice date (when USCIS sent notice, after receiving application)
AD = approval date (when application is approved)
RFE = request for evidence (when USCIS sent notice for farther documents)
LUD = last update date (in online status at USCIS website, mostly useless)
AP LUD = advance parole last update date
FP = fingerprint date (when fingerprint was done)
PP stamp = passport stamping date (after approval)



Thanks
bluez25
Labor PD: 02/02/2006
Labor AD: 04/15/2006
I-140 ND : 05/23/2006
I-140 LUP: 05/25/2006
 
I140 pending

Pals, my employer applied for my 140 in May 2005 and i got an RFE which asked me to send my past paystubs and duly sent them in August 2005. After that there is no news on the 140.

I don't have the receipt number to track. My employer keeps saying he hasn't heard a word about it. My attorneys don't reveal 140 information to me.

Can some one tell me what to do at this stage? how to verify the status of my I140?

Thanks
 
Experience letters

Gurus please advise -

I'm in the process of collecting and submitting all my documents for I-140 application. I have a situation with my previous employers' experience letters, please read below:

1. The first co. that I worked for appox 3 yrs, was in India. Back in year 2000, when i resigned they just gave me a one liner experience letter saying - that this person worked from **** date to **** date in our IT dept as a Software Engineer.

2. The 2nd co. that I worked for again approx 3 yrs, did not give me one, so I asked my team lead there (who is still in my contact) to write up an experience letter for me and get it notarized.

My current employer is anyways giving me a nice experience letter for the last 3 years that I have worked with him.

Could you gurus please advice me if situation 1 can be resolved and if situation 2 is fine, if my team lead gives me a notarized letter?

Thanks
 
Exp letter

You need to show 5+ years of (60 months ) progressive experience on the date you filed your LC. The primary evidence is a reference letter on a company letterhead. Ask your team lead to send that letter on a company letterhead if he is in the same company.


ucicgc said:
Gurus please advise -

I'm in the process of collecting and submitting all my documents for I-140 application. I have a situation with my previous employers' experience letters, please read below:

1. The first co. that I worked for appox 3 yrs, was in India. Back in year 2000, when i resigned they just gave me a one liner experience letter saying - that this person worked from **** date to **** date in our IT dept as a Software Engineer.

2. The 2nd co. that I worked for again approx 3 yrs, did not give me one, so I asked my team lead there (who is still in my contact) to write up an experience letter for me and get it notarized.

My current employer is anyways giving me a nice experience letter for the last 3 years that I have worked with him.

Could you gurus please advice me if situation 1 can be resolved and if situation 2 is fine, if my team lead gives me a notarized letter?

Thanks
Click to expand...
 
1) Did you make concurrent filing? Are you on EAD? What you can do is ask employer that you got an RFE on your EAD that you need to give them a copy of your 140.

2) If you are married, then tell your employer that your wife has gone to India and the consulate there is asking for a copy of I-40 for verification.

This is not a legal advice, dont sue me :)


paapu82 said:
Pals, my employer applied for my 140 in May 2005 and i got an RFE which asked me to send my past paystubs and duly sent them in August 2005. After that there is no news on the 140.

I don't have the receipt number to track. My employer keeps saying he hasn't heard a word about it. My attorneys don't reveal 140 information to me.

Can some one tell me what to do at this stage? how to verify the status of my I140?

Thanks
Click to expand...
 
Thanks a lot richdreams. Yes 140 and 485 are filed concurrently and i'm working on my EAD. I guess i could try the first option and see.

Don't worry i won't sue you. :) :)

Paapu
 
Does anyone know what is the net profit that a company should have so the I 140 can be approved without RFE. My company has 30k profit this year and they pay my salary ok, Is this enough? Or will I get a rejection let me know.
 
I got RFE on my 140

NIWNOW,

we both are on sameboat.But,my case is moving slowly.I got RFE on my 140

I got an RFE on my 140 receive it today.

It is simple RFE.They just asked my company 2005 tax returns and bank statements plus my 2005 w-2 with this company plus my 2005 federal tax filing papers.

Mine is PERm sustitute filed on 6/9/2005 and approved on 7/26/2005.I joined this company on 9/4/2005.This is not very old labor.This is just 2 months old while i was filed my 140/485 on EB2.

I already sent all my previous years tax returns plus w-2's plus all my exp letters ( Letters got from my previous employers not affidavits) plus proof of educational evaluation( Bachelors in maths (3 years) plus MCA ( 3years) plus 10 + years of exp)

I think if he opens my case in 2005,it will get it approve right away.He opened in 2006 mid.He can find only 2004 tax returns of myself and emplyer on 140 file.He just want to see 2005 tax returns now.

Here is my signature.:

Priority date : 6/9/2005.

140/485 EB2 ustitute : Filing date:9/29/2005 ND:12/1/2005.

EAD/AP: AD" December'2005.

140 : VSC -> NSC :5/17/2006 LUD's 5/18/2006,6/8--Msg changed to RFE

485 LUD's:5/17/2006,6/9,6/10( Msg changed to we received .... to NSC)
 
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Good luck to all the fellow people waiting for 140.

I have a problem where my 140 was approved but my employer is withholding the information. Is there any way to get the information? Can i change my employer? Will my current employer know if AC21 is filed on behalf of another employer through a different attorney?

Can somebody shed some light on this?
 
Experiance letter REF help

Hi Group,
I got an REF i.e to provide a experiance letter from previous company. But that employer intensionally ignoring my phone calls and emails. When I left that company I clearly gave him the notice as per the agreement.

Please help me, whether I can approche any department to complain about this. Please help me with this.

Thanks.
 
DD2003 said:
RFE is asking for copy of income tax or financial statements from the company. my laywer is saying as my company has over 1500 employee and given support letter from company's finance admin, we dont need to submit any more evidence for rfe ?

Is that right ? I doubt if it will just end up my case as rejected one ?
Thanks
:confused:
DD2003
Perm Labour Applied 10/27/2005
Perm Approved 11/15/2005
I140 applied 12/20/2005
RFE Recd 02/27/2006
Click to expand...
ur lawyer is right, but USCIS also has the right to say no to your case based upon the circumstance...
 
I-140 twice

Is it possible to file I-140 twice? (One from COmpany A and another from company B - if the both the companies have approved labor - not substitution)
 
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