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green.ark

I140 experience docs not same as PERM

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***Reposting this from the H1B thread as this issue is more relevant in this thread. Sorry for duplicating.


 


Hi,


 


I have a Master degree in Computers from India and more than 5 yrs of experience before joining my current employer in US.


 


When my employer recently filed PERM the attorney advised not to include all my experience in the PERM application and so only 5 yrs experience was included. My PERM is approved but one of my previous employer is not responding when I request for the experience letter.  I have the offer letter from this employer but not the experience letter as required by USCIS. Now I have got the experience letters for only 4 yrs 4 months. To keep it safe I have also got the experience letter from my very first employer (this experience was not included in the PERM) which makes my total experience well more than 5 yrs.


 


1) Should we still go ahead and file the I140 with 4 yrs 4 months experience letters (And one offer letter)?


2) Should we also include the experience letter from my first employment even though this experience was not included in the PERM application?


 


My attorney is still not sure about what to do.   


 


Please advice.


 


Many Thanks in advance!


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1.You should  still go ahead and file the I140 with 4 yrs 4 months experience letters and one offer letter. Prepare your own letter based on the offer letter describing job duties related to that. You can also get letter from co worker/ manager at that place.

 

2)  including the experience letter from  first employment may not be useful as it was not used to justify PERM requirements.

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This was from my attorney when i asked about experience letters

"The ideal option is to obtain an experience letter from the employer which states that your were was full time and includes his title, start and end dates of employment and a detailed description of the duties, either signed by your former manager or the HR department.  The second option would be a letter from a former manager that no longer works at the company which states that he was your manager at [name and address of company] and therefore has knowledge of his experience.  The third option would be a letter from a former co-worker.

Options two and three (especially option three) are accepted at the discretion of the USCIS and additional documentation should also be submitted such as evidence of attempts to obtain a letter from the employer, and their response, plus any other documentation to evidence he was employed at the company.

If the former employer is willing to sign a letter just confirming your title and dates of employment which is then supplemented by a more detailed letter regarding his duties from a former manager, this would be acceptable."

 

Hope your attorney should know this too

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Thank you ashuneel and MeghaMohan!

 

My attorney is yet to respond on how he wants to proceed. I spoke to my team lead (who is no more working for that company) and he is ready to give me a letter stating my skills and tenure with that company. 

 

This company was in London, UK. All that I have from them are:

 

1) Offer letter stating my designation and employment commencement date but it does not say it was FULL-TIME

2) Pay stubs for the entire period I was with them

3) IT returns

4) An email confirming my employment termination

 

5) Apart from this, now I will be submitting the letter from team lead as per your advice.

 

If there is an RFE for the same then there is hardly anything more I can produce other than what I said above. 

 

Please let me know if there can be any other document sufficient to prove my employment with this company.

 

Many Thanks again!

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