I140 RFE asking letter on company letterhead

[Arjun123433]

I was working for a Indian MNC for more than 10 years and served the notice period and resigned at US. I applied my I140 through a new employer with a co-worker letter for my experience and now I got RFE asking for the letter from my previous company letterhead, But my previous employer is denying to provide me the letter, Can we take any legal action against them to get the letter or what will be my options. My immigration attorney strictly says you need to get the letter on company letterhead or else my I140 has high chance of getting denied

[gouthamsworld]

Your lawyer is not 100% correct. You still have a chance to get an approval . USCIS generally requires experience letter on the letter head and thats what they consider as the primary evidence of your experience.

In case where you dont have that they may consider other evidence like paystubs+colleague affidevit if you submit proof that primary evidence is can not be obtained.

In ypur case if you have any email or letter from your old company denying to provide you a letter you can attach that along with couple of colleague letters (preferably who is still working there).

please see the attachment from an RFE i received . And i submitted letters from colleagues  along with email from my old company HR denying my letter.