I-140 RFE: Experience letter requirement

[gchopes]

Hi all,

I got an RFE on my I-140 petition asking me to submit experience letter as proof of my 2 year work experience that is listed on my LC. I tried contacting my previous employer for the letter several times but in vain. No emails / calls returned. What do I do in this situation? Can I submit paystubs / tax returns? I heard something about submitting affidavit letter from ex co-worker, not necessarily the boss I worked for in the previous company. Please provide any suggestions that you may have.

Thanks in advance.

gchopes.

[paragpujara]

Submit affidavit letter from ex co-worker not necessary your boss. It should work. It worked for me. Let me know if you want sample letter.

[quizzer]

Originally Posted by gchopes

Hi all,

I got an RFE on my I-140 petition asking me to submit experience letter as proof of my 2 year work experience that is listed on my LC. I tried contacting my previous employer for the letter several times but in vain. No emails / calls returned. What do I do in this situation? Can I submit paystubs / tax returns? I heard something about submitting affidavit letter from ex co-worker, not necessarily the boss I worked for in the previous company. Please provide any suggestions that you may have.

Thanks in advance.

gchopes.

Get an affidavit and it should work.

Whats your service center, EB2orEB3 and I140 receipt date?

Thanks

[vivache]

I've heard cases being rejected when exp letter is from colleague.
It generally needs to be from the boss.
Also point to note is that if the boss shifts company .. you need to get the letter from him on his current company letterhead.

So all you need to get is some person you know from your ex company who can say that he managed you.
Also exp letter needs to list your work experience .. liek projects worked on, technologies used.

[logiclife]

Its always a good idea to get an experience letter BEFORE you leave the company or at the time when you are leaving.

If the leaving is abrupt and on unpleasant terms, then you need to plan ahead of time to get such a letter that is an experience letter, and get it under a different excuse:

1. I want an experience letter to file for Canadian immigration.
2. I want an experience letter to go to consulate abroad for stamping and I heard that its needed. I need it fedexed tommorow as I am flying next week due to family emergency.

3. I want an experience letter as my boss at my project is doing restructuring, layoffs, realignment of duties and he needs resumes and experience letters to make decisions.

Under these excuses, you SHOULD GET and experience letter BEFORE you quit and your ex employer gets mad at you like a jilted lover.

One more thing...I cannot cite any code, but there is a law that the employers are obligated to give a relieving letter to whoever quits/gets fired/gets laid off etc that states the job title and start-date and end-date of the employment. Its a law. I will put it here if I find the exact federal code or law that says that.

[ItIsNotFunny]

Originally Posted by vivache

I've heard cases being rejected when exp letter is from colleague.
It generally needs to be from the boss.
Also point to note is that if the boss shifts company .. you need to get the letter from him on his current company letterhead.

So all you need to get is some person you know from your ex company who can say that he managed you.
Also exp letter needs to list your work experience .. liek projects worked on, technologies used.

I think experience letter from collegue with affidavit showing reason why it is not from employer should work. There are ways to over come blackmails from previous employers.

[glus]

If you cannot get an experience from a manager, you have to attest you have tried contacting the company with no success. Always, in addition to that provide the company detail: address, name, your title, phone number to the company if exists.
Then, get a second letter from your colleague, who should write you both worked in the company specified in the first letter.
USCIS needs to have info about the company in question in addition to your colleague attestation.
I have friends who did that and were ok. I also have a friend who submitted a letter from a colleague only and had RFE for company details. Later, his 140 was approved, but it stretched for over a year before he got approval.....

G

[Madhuri]

I was in the same situation. My company would not give me exp. letter after so many emails. So I used affidavit from a collegue and also provided exp. letter from company which was backdated ( I got it for Canadian immigration). I did not get query.

[ChainReaction]

I also have to submit an experience letter for my I-140 on company letter head, the company went out off business in 1998. I have a photocopy of experience letter not an original , will that be enough? or I have to find someone who worked with me and will certify that ? Also,my H1b extension is pending at Cal service center which EAC # should be submitted along with the I-140.

thanks

[shirish]

These experence letters won't work many times, I had this expreience. I got a RFE on my first I-14o in 2001. I had to go get another letter form my ex-emp(Fortunately i had good terms with person who was the head of HR when i needed this letter). That time my lawyer had submitted all the exp letter i received when i left respective companies.

For my second I-140 last year, my current lawyer ask me to get fresh letters.I could manage only one on a company letterhead signed my the CEO. Rest all i took from my ex-coworkers on plain papers (Did not do any affedivit)
Fortunately did not get any RFE and I-140 was approved in 10 weeks.

Similerly one of my co-workers did the same thing, except that he did not have even one letter on letterhead, he got RFE, then he managed two letters on letterhead and about the third one he told not possible to arrange on letterhead (not sure what exact reason he gave), his I-140 got approved in few weeks after replying to the RFE.

One more of my co-worker had submitted letters from ex-coworkers on letterheads (their current company, they manageed somehow in india).
And just one letter was on plain paper (along with the ex-coworkers business card) he got RFE, he is yet to reply to it.But he going to submitt all the emails he send to the company HR to get the letter to show that he tried. (Not sure if this works)

In my opinion, there no sure shot answer on what will work and what will not.

Originally Posted by logiclife

Its always a good idea to get an experience letter BEFORE you leave the company or at the time when you are leaving.

If the leaving is abrupt and on unpleasant terms, then you need to plan ahead of time to get such a letter that is an experience letter, and get it under a different excuse:

1. I want an experience letter to file for Canadian immigration.
2. I want an experience letter to go to consulate abroad for stamping and I heard that its needed. I need it fedexed tommorow as I am flying next week due to family emergency.

3. I want an experience letter as my boss at my project is doing restructuring, layoffs, realignment of duties and he needs resumes and experience letters to make decisions.

Under these excuses, you SHOULD GET and experience letter BEFORE you quit and your ex employer gets mad at you like a jilted lover.

One more thing...I cannot cite any code, but there is a law that the employers are obligated to give a relieving letter to whoever quits/gets fired/gets laid off etc that states the job title and start-date and end-date of the employment. Its a law. I will put it here if I find the exact federal code or law that says that.

[wizpal]

My labor just got approved and I am preparing to apply for I140. I did have the offer letter, experience(with just tenure) and resignation letter from my previous employer all of which I was leaving that company back in 1998. None of those mention about any skills. When I tried to get a letter with skill set mentioned, I couldn't get hold of that company. What options I do have now..

Thanks
Anand

[gsc999]

Originally Posted by paragpujara

Submit affidavit letter from ex co-worker not necessary your boss. It should work. It worked for me. Let me know if you want sample letter.

--
It worked for me too.

[gchopes]

I worked as a consultant for my previous employer isn't responding to my emails / calls for exp letter.

I asked my manager at client site and he is willing to give me a letter that states that I worked in capacity of consultant in his company when being employed by my previous employer during that time. The manager at client site is also willing to give a detailed letter on job skills / duties etc.

Will this work if I get the above notarized on client letterhead?

[akhilmahajan]

I think this question might have been answered earlier.

Working as a consultant, is there any benefit of taking experience letters from your clients. does, it help in your I140.

I am really novice is this area, and will really appreciate if you can guide me on this.

Regards

[satyasaich]

Well, it's always a good idea to keep at least a co-worker's affidavit. Sometimes they can rescue a case

Originally Posted by akhilmahajan

I think this question might have been answered earlier.

Working as a consultant, is there any benefit of taking experience letters from your clients. does, it help in your I140.

I am really novice is this area, and will really appreciate if you can guide me on this.

Regards