Old employer went bankrupt. How to get signature on experience certificates for PERM process by new employer – NEED HELP


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Hello, 

 

Here is my case: 

 

1) Company A filed for PERM. I40 was approved and company did lay offs and filed for bankruptcy a month later after i40 was approved. I had only used around 3 years of my H1 at this time.

 

2) I moved to L2 and joined another full time job at company B and finally they did my H1 which got approved for another 3 years which expires now in May 2014. Company B is in the process of the filing my labor. 

 

I have two questions: 

 

1) Would I be able to get 3 yr extension based on my previous approved I40? I have the copy of I40 along with the priority date. 

I am very confident that I40 was not revoked since company went bankrupt.

 

2) I have to get sign on my experience letters from employer A which does not exist anymore. My company B lawyer says that we can submit affidavit with oath( I have sufficient evidences from google that company went bankrupt. It was big news around that time). Does that involve any risk?

 

 

Would appreciate answers.

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