PDA

View Full Version : Desi company refuses to give experience letters


skark
03-29-2007, 09:05 PM
Hi,

I work with one desi company. Its actually a decent company, but they are refusing to give me experience letter. I have recently got a regular permanent postion with a different organization and the desi company are reluctant to let me go. Is there any way I can get the experience letter for my GC processing. I heard that an affidavit will work from an ex-employee but I was told that the best would be the experience letter from my employer. Is there a law that says that employer should provide experience letters when a employee quits?:(

regards
Sandeep kark

phutana
03-29-2007, 09:12 PM
Ask them to kiss your A$$ and move on to the new job. You can use a notarised letter from a colleague in the same company in lieu of an experience letter. There are Tons of ppl who have done that, including myself.

FinalGC
03-29-2007, 09:25 PM
yup move on buddy.....even my old boss refused to give me a reco letter...so i got a letter from my colleague....who was not a employee...but a consultant.....and i have my I-140 approved now.......dont worry be happy.....:-)

ItIsNotFunny
03-30-2007, 09:44 AM
The normal practice is, take a letterhead from the company and then get your collegue or manager to sign it. Believe me, 100% people do that. If you have offer letters etc... from your company, scan the letter and use photoshop to create a letterhead and write your own stuff, if for some reason your collegues are scared to sign any document (which happened in my case), get it from someone who was working in that company and left the company. If that also does not work out, just get a friend to sign it.
The reference letter need not actually be on the company letterhead, your friend can use his present company letterhead or the letter need not be on the letterhead, it can be on a regular paper that is notarized.


Well I would take this as last resource. It is your legal right as per US law to get experience letter from your employer. Good relation with HR can make the issue smooth. If nothing works, above is the solution :)

chanduv23
03-30-2007, 09:50 AM
Well I would take this as last resource. It is your legal right as per US law to get experience letter from your employer. Good relation with HR can make the issue smooth. If nothing works, above is the solution :)

Offcourse, try all channels. What I gave you holds good for companies like TCS etc... who come after you legally when you leave them.

fromnaija
03-30-2007, 10:52 AM
Personally I would not advise taking this advice as legally it is fraudulent and could jeopardise your petition. The safest route is to have another employee give you a notarized letter. Alternatively if you worked as a consultant, your client could give you the experience letter.

The normal practice is, take a letterhead from the company and then get your collegue or manager to sign it. Believe me, 100% people do that. If you have offer letters etc... from your company, scan the letter and use photoshop to create a letterhead and write your own stuff, if for some reason your collegues are scared to sign any document (which happened in my case), get it from someone who was working in that company and left the company. If that also does not work out, just get a friend to sign it.
The reference letter need not actually be on the company letterhead, your friend can use his present company letterhead or the letter need not be on the letterhead, it can be on a regular paper that is notarized.

munnu77
03-30-2007, 11:14 AM
Hi,

I work with one desi company. Its actually a decent company, but they are refusing to give me experience letter. I have recently got a regular permanent postion with a different organization and the desi company are reluctant to let me go. Is there any way I can get the experience letter for my GC processing. I heard that an affidavit will work from an ex-employee but I was told that the best would be the experience letter from my employer. Is there a law that says that employer should provide experience letters when a employee quits?:(

regards
Sandeep kark

u know wht..? one of my frnd had the same problem..his emplyer refused to give experience letter..
whn he talked to his lawyer..his lawyer send some papers to his employer to confirm the duration of employment which he had to sign and return..
u dont need an emplyment letter..all u need is confirmation, u workrd in the company during this period.
talk to your lawyer..he might help u..

munnu77
03-30-2007, 11:20 AM
--..

logiclife
03-30-2007, 11:30 AM
Right now there is a shortage of employees in the market. While working with desi consulting companies, there is a brief period of time when the H1B employee has maximum bargaining power over the employer. This short window of opportunity is brief.

Window of opportunity for bargaining with Desi H1 holding employer:
The time period between leaving one project and relocating to another one for a new project is the time the employer fears losing the consultant the most. Why? Firstly, the entire duration of project is at stake. If its a 6 month project, you have a potential 6 months of revenue at the rate of minimum $30 per hour. Meaning really 30,000 to 40,000 dollars of profit is at stake here if something goes wrong.

If you dont join the project, the employer is going to start getting nervous about 2 possibilities:

1. Either you will join the client and project thru someone else...(its possible despite all the legal threats they make...those legal threats arent worth a bucket of warm spit, they know that and so should you).

2. If you dont join the client thru someone else and if the relocation and the joining takes too long, the client will find someone else and in that scenario, everyone loses. You may think you are afraid of that, but your H1 holding employer is even more afraid because not only this is a loss of revenue but also loss of reputation at the company that is usually either the end-client or the middle-man (preferred vendor of the client). The vendor would pressurize your employer to do "whatever it takes" to get the hired consultant on the site asap.

These 2 possibilities are all too real to make any desi employer nervous. Since they are so greedy for every single penny, they would shiver at the possibility of a signed contract worth $30,000 - 40,000 (or even more) going down the toilet over a little dispute regarding the copy of documents like 140, labor and the approvals and petitions tied to it.

Use this opportunity to get a raise, or get all documents you need to move on:

So this brief window of opportunity -- between the time the client hires you after the interview and the time you actually begin your first day at the client site -- should be used to get all the documents from your employer that you could need for successful PD transfer. That includes all petitions and approvals and all notices regarding both labor and 140. He would know why you are doing this, but you have to be adamant and firm in your demand and let him know that you are not joining the project/assignment until you see the fedex containing all documents. For backup purposes, line up another desi maggot so that worse comes to worst, you tranfer your H1 and join the client thru someone else. (maybe even the preferred vendor if they do H1s).

You have to be tactful and firm however in negotiating.

HumHongeKamiyab
03-30-2007, 11:52 AM
My previous employer (A Desi consulting company) has refused to give me the experience letter and unfortunately I do not even know a single person in that company. The only person I used to talk to was the then VP of that company and as I left the company without sufficient notice, he has refused to give me the experience letter.

My question is at what stage of GC do you need experience letters from all your employers? I have not produced any (fake or real) experience letter as of yet from that employer, and I have obtained my Labor and I-140. Is it only required when you file for 485? If yes, in that case what are my options ?

Thanks,

--HumHongeKamiyab

logiclife
03-30-2007, 11:54 AM
I dont know about 485, but if you are filing under EB3, you do need letters that add up at least 2 years of experience during the labor stage.

For EB2, I dont know. EB2 folks can clarify if experience letters are needed or not.

ItIsNotFunny
03-30-2007, 11:57 AM
I dont know about 485, but if you are filing under EB3, you do need letters that add up at least 2 years of experience during the labor stage.

For EB2, I dont know. EB2 folks can clarify if experience letters are needed or not.

I don't think I am 100% with you on this. This depends on job description. We have couple of cases - filed GC with 1 year experience. I am not sure they were filed in RIR or regular LCA but were filed.

chanduv23
03-30-2007, 11:59 AM
I dont know about 485, but if you are filing under EB3, you do need letters that add up at least 2 years of experience during the labor stage.

For EB2, I dont know. EB2 folks can clarify if experience letters are needed or not.
Yes, my lawyer did not start the process until she recieved "Current experience letters" meaning, the letters must be sought now even though you got them earlier, they want us to get letters once again. I wetn through real pain in getting all letters again, but it is required for Eb2.

mbartosik
04-03-2007, 06:11 PM
File a suit in the local court. You cannot sue to get the letter, but if you found something to sue about, no matter how small, then eventually when you get to depositions you can ask the right questions under deposition. This would be very costly and risks you paying their costs.

Costly -- figure on several thousand $. A minimum of $1000 even if you didn't use a lawyer -- costs to file with the court and costs for a court recorder at deposition.

Alternative sue in small claims court. You would have to check if there was a court recorder in small claims (not just a judge). The advantage to small claims is that it moves more quickly and there are generally no costs awards.

This is totally extreme. You would have to be totally desparate.

However, when I sued my former visa sponsor (for ripping me off) I made sure that in the deposition I opened with a few relevant questions. I didn't really need the experience letter, but while I was suing his *** I thought it worth getting the experience confirmation sworn to in a transcript.

Courts are used all the time to just get the opportunity to ask questions in a deposition.

imv116
04-03-2007, 06:27 PM
Reference letter is always good, but if for any reason the employee refuses to give, then request a letter with your start and end date.

According to the law they have to give you a letter stating your start date and end date, as for as particular skill description, employee can always refuse.

All you need when filing for PERM is such a letter with start and end date. It doesn't necessarily have to be a reference letter with skill description.

Yes, as a last resort you can always have another employee give you a letter.


-the116

Onlytruthnobs
04-03-2007, 08:59 PM
Get two letters;
1. From your employer stating the start and the end date in the company. He can not refuse to give you this letter.
2. From a colleague (from the same company or the client) stating your work experience in the company.