And why is that a problem? Are you not with that indian employer anymore? All I remember reading from u in this forum, is that your employer is not willing to do concurrent processing. I didnt know they werent willing to provide employment letter either.
Not that you should, but I know one such case, where the actual indian company was closed down but the old management from the company still provided with all the paper work required. But again, back then there wasnt this much of scructiny either. But your lawyer should usually know pros and cons of going by different approaches. Talk to them. But w2s, pay stubs, ability to pay and employment letter is something that is bound to be a part of rfes these days. I have hardly seen cases where they dont ask for them.