Previous Employer Not providing experience letters


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I had worked for Indian consulting company (X) From Mar 2017 to Mar 2018,  They are not giving any experience letter for the 1 year duration i had worked with them. From Apr 2018, i have moved to a top Tech company (Y), they have started my green card processing. As part of this they are asking experience letters from all my previous employers. I have over 9.8 years of experience (Jul, 2008 to Mar 2018) prior to joining the current company (Y). I do have experience letters from all the previous employers for duration Jul 2008 to Mar 2017 (8.7 years), except the one mentioned above(company X).  

My current company (Y) attorney has put my Green card processing on hold until i submit experience letter from company (X). Attorney has mentioned that, although experience letters are not mandatory for filing PERM and they are needed only at the time of I-140, they don't want to proceed with PERM, saying that, "once the PERM 9089 Application is submitted, the information on the EVL can not be altered as the documents need to mirror each other."and any discrepancies potentially result into an RFE.  When asked about what are my other options for missing experience letter, they said that "The only other alternative option would be to receive a personally notarized letter from a former supervisor/manager or executive attesting to your time". As its a small consultancy, only company owner takes are of everything with the help of one admin staff.  So second option also has put me back to square zero. I am totally struck with this missing experience letter thing.

Given above situation, I have the following questions.

1) Can you pls advise what are my possible options ? 

2) Would it be possible to takeout (not to claim) that 1 year experience with company (X) and proceed with my GC process?

3) Does attestation two of my colleagues (not in manager/exec positions) work ?

4) is there any way i could come-out of this locked-up situation ?

 

Thanks

 

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Just now, reddy829 said:

I had worked for Indian consulting company (X) From Mar 2017 to Mar 2018,  They are not giving any experience letter for the 1 year duration i had worked with them. From Apr 2018, i have moved to a top Tech company (Y), they have started my green card processing. As part of this they are asking experience letters from all my previous employers. I have over 9.8 years of experience (Jul, 2008 to Mar 2018) prior to joining the current company (Y). I do have experience letters from all the previous employers for duration Jul 2008 to Mar 2017 (8.7 years), except the one mentioned above(company X).  

My current company (Y) attorney has put my Green card processing on hold until i submit experience letter from company (X). Attorney has mentioned that, although experience letters are not mandatory for filing PERM and they are needed only at the time of I-140, they don't want to proceed with PERM, saying that, "once the PERM 9089 Application is submitted, the information on the EVL can not be altered as the documents need to mirror each other."and any discrepancies potentially result into an RFE.  When asked about what are my other options for missing experience letter, they said that "The only other alternative option would be to receive a personally notarized letter from a former supervisor/manager or executive attesting to your time". As its a small consultancy, only company owner takes are of everything with the help of one admin staff.  So second option also has put me back to square zero. I am totally struck with this missing experience letter thing.

Given above situation, I have the following questions.

1) Can you pls advise what are my possible options ? 

2) Would it be possible to takeout (not to claim) that 1 year experience with company (X) and proceed with my GC process?

3) Does attestation two of my colleagues (not in manager/exec positions) work ?

4) is there any way i could come-out of this locked-up situation ?

 

Thanks

 

@JoeF  

@shekar11#

@itsmeraj001

@kumar1128

@premkalyan521 

Can any of you pls advise?

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1) Can you pls advise what are my possible options ? only two options get the experience letter or dont even mention company X in PERM

2) Would it be possible to takeout (not to claim) that 1 year experience with company (X) and proceed with my GC process? YES

3) Does attestation two of my colleagues (not in manager/exec positions) work ? May or May not depending on the case officer

4) is there any way i could come-out of this locked-up situation ?  only two options get the experience letter or dont even mention company X in PERM

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  • 1 year later...

Hello,

I have a similar case when its time to fill out the I-140, I have to meet the total 3 years of experience: Employer A 1 year and Employer B 2 years.

I have no issue for Employer B, they are able to provide the full letter on company letter head, with my title, dates, and required experience.

My issue is with Employer A:

  • My supervisor who is still with Employer A, said she cannot assist unfortunately, I have the confirmation by email
  • I have all of my pay slips for the full time I was employed with Employer A, every 2 weeks of pay slip copy is with me
  • I have my termination letter that states the dates I worked there, aligned with the PERM process
  • I have 1 letter also during termination stating my tile and date of employment with the company letter head
  • All of my ex-colleagues have left or either got terminated, it was a small firm; and I have good relationships with them

What are my solutions?

  • Should I submit all of the above and the following?
    • Letters from 5 colleagues who have left with different levels
    • Proof that my supervisor employer refused to send me the letter
    • Letter from the previous HR who has hired me back then, with the email for when I went to the interview
    • Potential letter from Employer B confirming that I was hired because I had the experience from Employer A, the two roles were similar
  • Is there anything else I can do?

I heard strict USCIS actions with regards to previous Employment letters.

Does my case sound strong or week, since aside from this, everything else is well documented and organized?

Thank you again,

 

 

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