I-140 RFE ....Experts please comment !

[tuffdude]

I-140 filed in EB3 ( 4+ years of experience) in June 2011 with Texas service center. It was transferred to Nebraska in Oct 2011. Now set to RFE.

My first two years of experience in US was with a big consulting firm and they did not give me an experience letter. Instead i got an affidavit from supervisors stating my designation and job responsibilities. The RFE states that it is not sufficient evidence and that they need an explaination of why the letter on employer's letter head is not available and other evidence to corroborate the employment.

My questions :

- I dont have experience letter cause i wasnt able to give my employer the 45 days notice that they expected. Does USCIS accept that explaination ?

- Can i use past employment verification letter / appointment letter and employment relieving letter as evidence of employment ?

- I was planning to convert my 140 petition to Premium. Is it advisable to do that while replying to RFE ?

Responses from experts and people who have been able to successfully address similar queries would be highly appreciated.

[Attorney_15]

Generally, if there is a reason some evidence is unavailable but there is alternative evidence to prove a particular point, it is necessary to establish the reason for the primary evidence not being available. It would generally be a good idea to consult with an experienced immigration lawyer for specific advice on how to proceed in one's case.