I-140 denied (experience letter not in letterhead)
I applied for my I-140 through premium processing under EB-2. My H1-B runs out in February. Got a RFE asking for employment verification from my previous company X. My ex-boss moved to company Y and gave my experience letter on the new company's letterhead. Both X and Y are large popular Internet companies. I was laid off from Company X in June 2010 but was still on the payroll till August 2010. In my PERM, I had mistakenly given June 2010 as my last date. I got the employment verification from company X but it stated my last day as August 2010 so the lawyer did not want to use the employment verification letter but instead sent my W2.
Two days back my lawyer said that my application had been denied stating that my ex-boss did not have the authority to provide an experience letter since he was no longer with the company. My lawyer claims that it's a rogue officer who doesn't understand the rules correctly. The first step of action she's proposing and has already started is to have AILA's liaison agent talk to the CO's senior officer and overturn the case. She expects that it'll take a week to 10 days. The next choice would be file a Motion to Reopen or withdraw the case and apply in Nebraska Service Center.
My questions are
1) Did the lawyer screw up by not verifying the last date of employment at Company X with me before applying for PERM?
2) What's the probability of getting the decision overturned by AILA's liaison agent?
3) How long does a MTR typically take?
4) Realistically what are my chances of staying in this country?
5) My current company does not have an office in India. Can I still work for the company from India or Canada if there's an appeal pending?
To mitigate this, I've a letter from Company X saying that they do not object to my ex-boss providing the experience letter. I'm getting two more letters from my ex- co-workers at company X and one of them is a Project Manager and has monitored my work. What other information can I provide to overturn this decision?
Get a copy of denial letter first.
Many open questions.
There are some other questions you should think about.
Firstly, have you read the denial or notice of intent to deny? If not, get a copy of that from the lawyer. There are some not-so-good lawyers out there who will lie to you to cover up their own mistakes.
It seems highly unlikely that a former boss's letter would not be acceptable just because the former boss now works elsewhere. If that were the case, should we get greencards only if everyone we worked for continues to work at the same place even after we leave and sticks to the same company for however long it takes to get green card. That doesnt even make any sense.
Its quite possible that the lawyer made some other mistake and to avoid a mal-practice lawsuit , he or she is trying to cover up mistakes by pointing fingers elsewhere. Get a copy of the denial letter.
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