Urgent: Port Eb3 to Eb2: 5 years or MBA ? Exp Letter Issue? Plz Help


dream16

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Hello Everyone, hope you all are doing good. It will be really nice if you guys can put in your advice regarding my situation.

I completed my BS in US in 2008 Aug & now my employer has filed my GC in Eb3 quota and i should be getting my I-140 (Currently my labor application is in process and it will take 4-5 months) approved by March 2013.

In Aug 2013, i will complete my 5 years of work experience. I will also complete my part-time MBA (fully accredited. accepted & recognized by USDOE, USCIS) from America in Aug 2013.

I will be changing my employer since i have to port from Eb3 to Eb2. What are my best options to file a new case:

1. Go with 5 years experience ?

2. Show BS (american) + MBA (american) + 5 years american work experience ?

My X desi employer (sadly with whom i was there since aug08-jan011), will not give me any experience letter, what is the best way to handle this situation for eb2 ? Ofcourse, i have the paystubs, old h1b, old paystubs, w2 statements , please advice

Thank you everyone.

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My suggestion is to file for BS+MBA+5years and also send out a mail to your old company HR saying that your current attorney is requesting for experience letter (if possible loop in your new attorney in the mail). Things will work out smoothly and the previous employer will issue you the exp letter. I did the same with my previous employer and got the experience letter once they stop replying to my mails. All the best

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Thanks metroguy, please guys help me out with your suggestions, this is a tough situation, isn't there any authority like USCIS or DOL who can help us if our X-Employer (mostly a desi one in maximum cases) DOES NOT provide an EXPERIENCE LETTER to us ?

Isn't it our right to get it since we worked diligently for him & also have the pay-stubs/w2's for that time.

Please advice asap

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But those affidavits aren't enough i think to get this situation cleared out. What's the format of such an affidavit letter? How many do i need ? Does DOL/USCIS accepts it ? I know that for Eb3 they do, but not sure about EB2 (that includes 1 year h1b experience for 2 desi employers: sadly had the same boss: so 1 year h1b experience with his 1 firm and 2.5 years exeprience with his other firm on OPT), so overall a total exp of 3.5 years with the same boss (2 desi companies he owns with different names)

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Respectfully, this is a sponsored, public forum where members volunteer to post replies at their choice and convenience. Continuing to make post after post (after post) as you have is not going to get you an answer. If you need an prompt / immediate, authoritative response, then you need to spend the money on consulting with a qualified, experienced immigration attorney.

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To demonstrate experience earned with an employer, one is expected by USCIS to present a letter detailing that experience. In the absence of that primary evidence, the law provides that one can submit secondary evidence - other documentation generated over the course of that employment, from that employment - that demonstrates the existence of that employment, and two colleague affidavits with an affidavit from the beneficiary themselves to explain the absence of the experience letter.

Generally, if one is seeking legal advice to guide and / or assist one through the immigration process, it is generally a good idea to see the advice by consulting with an attorney. As the MurthyForum is only a means for providing general information, someone seeking specific legal advice from the Murthy Law Firm's attorneys should contact the Firm to arrange a consultation.

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