Ex- Employer denying to give employer letter

[Lydia]

can you guys suggest how to proceed with my cases... where i am totally screwed up.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

[abracadabra]

It is law that he has to give the experience letter from previous employer

[doubt123]

Hello,

I was once in the same situation for H1 ( moved to a new compan ), where ex-emplyoyer totally denied to give letter.My lawyer suggested to just write a letter to USCIS mentioning that ex-employer is not giving letter and also mention his company name and telephone number, where they can call and check if they wish. If you have paystubs for the said working period attach copies with this letter.
WE did this, and we got our H1 approved and also I-140 got cleared.

Please check with your lawyer before you follow this step as I am not a lawyer.

Hope this helps and All the best...

[Karthikthiru]

Tell the previously employer EXPLICITY that it is only a employment verification letter NOT A REFERENCE letter. Because by default lot of them assume it is a reference letter. Aslo by law they have to provide the experience letter


Thanks

Karthik

[perm2gc]

Originally Posted by Lydia

can you guys suggest how to proceed with my cases... where i am totally screwed up.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

Call him and say that by law he has to give otherwise you will reply to RFE from USCIS stating the reason"ex-employer not giving the employement letter" with full details of the company.

[babu123]

You can also get a letter from your collegue that worked with that company with all ur job duties mentioned. That serves your purpose I guess.

[Lydia]

I understand it is law but he is denying... I did offer him money, but he says a big NO.

[Lydia]

I understand it is law but he is denying... I did offer him money, but he says a big NO.

[Lydia]

perm2gc,
Thank you for ur suggestion... I am planning to reply to my RFE stating the same(employer denying with his and company details) and additionally another coworker of the same company reference letter.

[glus]

First, you should not offer money for such a letter. Secondly, you can ask a colleague to write one for you. When you send a letter from a colleague, explain that the company had refused to write a letter for you. Include the phone number and the address of the company.
In general, a colleague letter is enough as long as the USCIS can verify the author of the letter.

[asekhon]

Find a colleague, who can say what you worked on etc. on a plain paper. The colleague, could very well be working somewhere else and doesn't need to be a current employee.

If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.

Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.

[Lydia]

babu123
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..

[amitjoey]

Originally Posted by Lydia

can you guys suggest how to proceed with my cases... where i am totally screwed up.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

Yes, Please work on getting the letter and replying to the RFE, But that should not stop you from filing I-485. Pending I-140 is okay for I-485.

[desi3933]

Originally Posted by Lydia

can you guys suggest how to proceed with my cases... where i am totally screwed up.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

Please consider asking your lawyer/attorney to send format request for Employment Verification (include job title, Duration, Salary and Skill set) by certified mail and a copy of the request be e-mail.

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Permanent Resident since May 2002

[a_yaja]

Originally Posted by Lydia

babu123
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..

I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".

There was no issue with the I-140 approval.