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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 10-08-2008, 03:58 PM
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Dec-05
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Question 140 -Experience letter

Hello

My previous company is refusing to give me a official experience letter..even though i worked there for three years..

I am ready to file for my 140 and my attorney initially said that two Notarized affidavits from employees at the firm who worked with me will be good enough..

now he is saying he is not sure if USCIS will accept those affidavits...


has anyone used such affidavits to prove their experience.?did it work

Will USCIS reject 140 because of this or will they issue an RFE...

can i send the h1 approval that i had with that company as a proof of working.


gurus..plz advice..
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  #2 (permalink)  
Old 10-08-2008, 04:20 PM
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Quote:
Originally Posted by brick2006 View Post
Hello

My previous company is refusing to give me a official experience letter..even though i worked there for three years..

I am ready to file for my 140 and my attorney initially said that two Notarized affidavits from employees at the firm who worked with me will be good enough..

now he is saying he is not sure if USCIS will accept those affidavits...


has anyone used such affidavits to prove their experience.?did it work

Will USCIS reject 140 because of this or will they issue an RFE...

can i send the h1 approval that i had with that company as a proof of working.


gurus..plz advice..
Pay them some money and get the letter. Personally, I have gone through the same situation and in my case NSC had sent a RFE demanding experience letter despite having co worker affidavits. So it may not work, for some people it has worked. If you get an RFE, USCIS will give you max 45 days to produce a letter and trust me its a very short time to get the letter from an uncooperative employer. Nor is confrontation going to help as there is NO law that requires your employer to provide one such letter. Hence, I would say use all your network and contacts and every trick possible to get the letter.
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  #3 (permalink)  
Old 10-08-2008, 05:00 PM
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I used affidavits and I-140 was approved. You should be more concern with education/prevailing wage requirements.
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  #4 (permalink)  
Old 10-08-2008, 06:55 PM
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Arrow No co-worker letters

Yes USCIS understands you may not get experience letters (your previous employer maybe bankrupt and operations shutdown); so they accept such affidavits, but they have to come from the people you reported to (lead/manager). Letters from co-workers are generally not accepted.

Try to reach out to the people you reported to, get 2 letters, preferably on company letter head and get them notarized (do not send originals).

It is sad there is no law that can force your employer to give you a good experience letter.
__________________
PD July 2004 (EB3 India)
Transferred to Philly Backlog
Labor approved May 2007, I-140 approved Sept 2008
I-485 Filed; Invoked AC21, switched to EAD Jun 2009
By the way, spent 9 years on H1

Last edited by rdehar; 10-08-2008 at 07:04 PM. Reason: spell check
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  #5 (permalink)  
Old 10-08-2008, 09:38 PM
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Oct-06
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Quote:
Originally Posted by brick2006 View Post
Hello

My previous company is refusing to give me a official experience letter..even though i worked there for three years..

I am ready to file for my 140 and my attorney initially said that two Notarized affidavits from employees at the firm who worked with me will be good enough..

now he is saying he is not sure if USCIS will accept those affidavits...


has anyone used such affidavits to prove their experience.?did it work

Will USCIS reject 140 because of this or will they issue an RFE...

can i send the h1 approval that i had with that company as a proof of working.


gurus..plz advice..
NSC approved mine.

I had notarized affidavits from my manager. I also submitted my offer letter and last paystub to prove my working days in that company.
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  #6 (permalink)  
Old 10-09-2008, 04:18 PM
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brick2006 is infamous around these parts
Default thanks! but

Do the letters have to be from ppl from my previous company?

cant it be from ppl who have left the company!..both my managers have quit the firm ..and started their own firms..

and no one who works there was my manager...the HR is acting nuts..

so am i screwed...???


Quote:
Originally Posted by desitechie View Post
NSC approved mine.

I had notarized affidavits from my manager. I also submitted my offer letter and last paystub to prove my working days in that company.
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  #7 (permalink)  
Old 10-09-2008, 04:23 PM
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Quote:
Originally Posted by brick2006 View Post
Do the letters have to be from ppl from my previous company?

cant it be from ppl who have left the company!..both my managers have quit the firm ..and started their own firms..

and no one who works there was my manager...the HR is acting nuts..

so am i screwed...???
You can take from the managers who left as long as they supervised you during your stay with that company.
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  #8 (permalink)  
Old 10-13-2008, 01:02 AM
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Default

I haven't submitted a experience letter at all.
They approved mine..
I just sent my prev. employer offer letter, joining letter, annual increment and promotion letter etc...
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  #9 (permalink)  
Old 10-13-2008, 01:29 AM
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Default

Quote:
Originally Posted by brick2006 View Post
Hello

My previous company is refusing to give me a official experience letter..even though i worked there for three years..

I am ready to file for my 140 and my attorney initially said that two Notarized affidavits from employees at the firm who worked with me will be good enough..

now he is saying he is not sure if USCIS will accept those affidavits...


has anyone used such affidavits to prove their experience.?did it work

Will USCIS reject 140 because of this or will they issue an RFE...

can i send the h1 approval that i had with that company as a proof of working.


gurus..plz advice..
Get letters from your Ex-colleagues or Ex-Managers who worked with you during your employment in that company. Get letters on plain paper and not on the letter head of the company where they are working Now!
It works.
It worked for me. I had an RFE for experience certificates and I did the same. My lawyer suggested it to me.

Similarly my friend who worked with me in my previous company needed it from me and I gave it to him. It worked for him as well.

Hope it helps.

Make sure the experience mentioned them matches the job requirements.
Your Ex-colleagues don't need to be currently working there.

In my case I worked there for 4 years and my colleague worked for fewer years there than me and quit before me. In this case he mentioned his dates of employment only meaning he verified my experience and employment only for those years when the was working there. In other words I worked there for 4 years but my colleague worked with me only for 3 years and thus he verified only 3 years. For other 1 year I had to find another colleague.
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Last edited by bharol; 10-13-2008 at 01:38 AM. Reason: more info
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  #10 (permalink)  
Old 10-13-2008, 01:32 AM
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Quote:
Originally Posted by polapragada View Post
I haven't submitted a experience letter at all.
They approved mine..
I just sent my prev. employer offer letter, joining letter, annual increment and promotion letter etc...
It depends upon their mood.
I had two 140s filed. One against perm and another against regular labor. It was exactly same job description and I had submitted same experience letters in both cases. They approved one and for another they asked me more experience letters which I got from my ex-colleagues. And then they approved this one too.
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  #11 (permalink)  
Old 10-13-2008, 10:55 AM
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Default Hi

I had an RFE on my I-140 for Skillset. One of my colleague gave me a letter for the Skillset (i have experience letters from my company). But now INS RFE'd on skillset.

My previous company is not responding to me in a proper manner. But i have the L1B package submitted by them which shows the experience letter and the resume which shows my skillset and other things.

Can we use the L1B documentation to substantiate the RFE.

Any updates would be greatly appreciated.
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  #12 (permalink)  
Old 10-13-2008, 12:33 PM
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Default Approved with manager affidavits and suppoting docs

Quote:
Originally Posted by kalyan View Post
I had an RFE on my I-140 for Skillset. One of my colleague gave me a letter for the Skillset (i have experience letters from my company). But now INS RFE'd on skillset.

My previous company is not responding to me in a proper manner. But i have the L1B package submitted by them which shows the experience letter and the resume which shows my skillset and other things.

Can we use the L1B documentation to substantiate the RFE.

Any updates would be greatly appreciated.
I sent co-worker affidavits and a 5yr scertificate i received from my previous employer. I got an RFE from TSC to submit letter from employer with skills. Replied to RFE with supervisor affidavits (both the supervisors are not with previous companey anymore) and following suppoting docs.

1) original offer letter
2) initial L1 petition letter from previous companey.
3) An e-mail responce from previous companey statining that their policy does not allow them to provide experience letter with skill set.
4) W2's and Form-16 from previous companey.

My 140 got approved friday 10/10.
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  #13 (permalink)  
Old 10-13-2008, 12:41 PM
Senior Member
Priority Date
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Mar-08
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Default

My last two supervisors are still with Company (www.satyam.com). They are not ready to give the skillset letter.

But my L1B documentation has a resume and it has all the skillsets and that is submitted to USCIS.

I can show all the US Based w2 and Paystubs.

But only one manager is not with Satyam and he can provide only 2 years of experience since he worked only for 2 years or little over 2 years.


Do you think it would help. The company also sent me an email this morning that they would'nt giveme the skillset letter.
Thanks
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  #14 (permalink)  
Old 10-13-2008, 03:16 PM
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Default colleague letter worked for me

I was in same boat. Desi company was not giving me ref letter and I asked my EX - colleague who was not with desi company any more and he gave me noterised letter on his current company and it worked. I had same job duties but desi company denied to give detail letter . They gave me simple letter with title and duration.
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  #15 (permalink)  
Old 10-13-2008, 03:21 PM
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Get Notorized letter from 1 ex Supervisor, 2 ex collegue and that should work.
__________________
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~
PD EB2 Feb 2008
Labor Approved
I-140 Approved
I-485 : Yet to file
Waiting Priceless
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~
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