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URGENT: I-140 Job Experience Questioned.

URGENT: I-140 Job Experience Questioned.

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Old May 12th 2003, 5:13 pm
  #1  
Usenet
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Posts: n/a
Default URGENT: I-140 Job Experience Questioned.

Hi,

INS has requested further evidence for my I-140 application. They have asked
to provide evidence of 1 year work experience prior to May 23, 2001, the
date of filing. I had provided proof of 9-months work experience in the form
of a recommendation letter from my previous job and the notice specifically
states that additional 3 month proof is required.

The notice also states:
"Evidence relating to qualifying experience or training shall be in the form
of letter(s) from current or former employer(s) or trainer(s) and shall
include the dates of employment, address, title of writer, and specific
description of duties performed by the alien. If such evidence is
unavailable, other documentation relating to alien's experience will be
considered."


Background:
I had worked for 2 companies from Sept 1996 to Feb 1998 (no gaps), prior to
joining my current company in Feb 1998. My first job was 6 months and 2nd
job was 9 months. I was unable to get a recommendation letter from my first
job as I could not contact them - the Company has probably closed down. I
have been employed with my present company since Feb-1998.

Question:
1. I had obtained a H1-B for my first job (6 month employment). Should I
submit the H1B documents as proof of the job?
2. Should I submit a letter from my present job stating my experience prior
to May 23rd, 2001? Will they accept current job experience?

Which one will be a more solid case? Have there been prior cases of INS
accepting either of these as proof?

Thanks,
Jay
 
Old May 12th 2003, 11:01 pm
  #2  
Sylvia Ottemoeller
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Default Re: URGENT: I-140 Job Experience Questioned.

"Usenet" wrote in message
news:[email protected]...
    > Hi,
    > INS has requested further evidence for my I-140 application. They have
asked
    > to provide evidence of 1 year work experience prior to May 23, 2001, the
    > date of filing. I had provided proof of 9-months work experience in the
form
    > of a recommendation letter from my previous job and the notice
specifically
    > states that additional 3 month proof is required.
    > The notice also states:
    > "Evidence relating to qualifying experience or training shall be in the
form
    > of letter(s) from current or former employer(s) or trainer(s) and shall
    > include the dates of employment, address, title of writer, and specific
    > description of duties performed by the alien. If such evidence is
    > unavailable, other documentation relating to alien's experience will be
    > considered."
    > Background:
    > I had worked for 2 companies from Sept 1996 to Feb 1998 (no gaps), prior
to
    > joining my current company in Feb 1998. My first job was 6 months and 2nd
    > job was 9 months. I was unable to get a recommendation letter from my
first
    > job as I could not contact them - the Company has probably closed down. I
    > have been employed with my present company since Feb-1998.
    > Question:
    > 1. I had obtained a H1-B for my first job (6 month employment). Should I
    > submit the H1B documents as proof of the job?
    > 2. Should I submit a letter from my present job stating my experience
prior
    > to May 23rd, 2001? Will they accept current job experience?
    > Which one will be a more solid case? Have there been prior cases of INS
    > accepting either of these as proof?
    > Thanks,
    > Jay
 
Old May 12th 2003, 11:07 pm
  #3  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: URGENT: I-140 Job Experience Questioned.

"Usenet" wrote in message
news:[email protected]...

    > INS has requested further evidence for my I-140 application. They have
asked
    > to provide evidence of 1 year work experience prior to May 23, 2001, the
    > date of filing. I had provided proof of 9-months work experience in the
form
    > of a recommendation letter from my previous job and the notice
specifically
    > states that additional 3 month proof is required.
    > The notice also states:
    > "Evidence relating to qualifying experience or training shall be in the
form
    > of letter(s) from current or former employer(s) or trainer(s) and shall
    > include the dates of employment, address, title of writer, and specific
    > description of duties performed by the alien. If such evidence is
    > unavailable, other documentation relating to alien's experience will be
    > considered."
    > Background:
    > I had worked for 2 companies from Sept 1996 to Feb 1998 (no gaps), prior
to
    > joining my current company in Feb 1998. My first job was 6 months and 2nd
    > job was 9 months. I was unable to get a recommendation letter from my
first
    > job as I could not contact them - the Company has probably closed down. I
    > have been employed with my present company since Feb-1998.
    > Question:
    > 1. I had obtained a H1-B for my first job (6 month employment). Should I
    > submit the H1B documents as proof of the job?
    > 2. Should I submit a letter from my present job stating my experience
prior
    > to May 23rd, 2001? Will they accept current job experience?
    > Which one will be a more solid case? Have there been prior cases of INS
    > accepting either of these as proof?

You should submit every piece of evidence that you can, and you will have a
good chance of success. The H-1B documents are good evidence; if you can
get a photocopy of the H-1B petition that would be good, and your paystubs
and W-2 from that employer would be helpful evidence.

The letter from your present employer would also be helpful. In addition,
you should write a statement, and sign it yourself in front of a notary. It
should contain a "under penalty of perjury" statement. You should provide
the specific details of beginning and end dates of employment, salary, job
title, job duties, and the reason that you cannot provide a fresh letter
from that employer verifying the employment. Find out the facts about
whether the company closed down, and give some evidence of the reason.
 
Old May 13th 2003, 12:20 pm
  #4  
Usenet
Guest
 
Posts: n/a
Default Re: URGENT: I-140 Job Experience Questioned.

Sylvia: Thanks a lot for your advise.

Jay.

"Sylvia Ottemoeller" wrote in message
news:[email protected]...
    > "Usenet" wrote in message
    > news:[email protected]...
    > > INS has requested further evidence for my I-140 application. They have
    > asked
    > > to provide evidence of 1 year work experience prior to May 23, 2001, the
    > > date of filing. I had provided proof of 9-months work experience in the
    > form
    > > of a recommendation letter from my previous job and the notice
    > specifically
    > > states that additional 3 month proof is required.
    > >
    > > The notice also states:
    > > "Evidence relating to qualifying experience or training shall be in the
    > form
    > > of letter(s) from current or former employer(s) or trainer(s) and shall
    > > include the dates of employment, address, title of writer, and specific
    > > description of duties performed by the alien. If such evidence is
    > > unavailable, other documentation relating to alien's experience will be
    > > considered."
    > >
    > >
    > > Background:
    > > I had worked for 2 companies from Sept 1996 to Feb 1998 (no gaps), prior
    > to
    > > joining my current company in Feb 1998. My first job was 6 months and
2nd
    > > job was 9 months. I was unable to get a recommendation letter from my
    > first
    > > job as I could not contact them - the Company has probably closed down.
I
    > > have been employed with my present company since Feb-1998.
    > >
    > > Question:
    > > 1. I had obtained a H1-B for my first job (6 month employment). Should I
    > > submit the H1B documents as proof of the job?
    > > 2. Should I submit a letter from my present job stating my experience
    > prior
    > > to May 23rd, 2001? Will they accept current job experience?
    > >
    > > Which one will be a more solid case? Have there been prior cases of INS
    > > accepting either of these as proof?
    > You should submit every piece of evidence that you can, and you will have
a
    > good chance of success. The H-1B documents are good evidence; if you can
    > get a photocopy of the H-1B petition that would be good, and your paystubs
    > and W-2 from that employer would be helpful evidence.
    > The letter from your present employer would also be helpful. In addition,
    > you should write a statement, and sign it yourself in front of a notary.
It
    > should contain a "under penalty of perjury" statement. You should provide
    > the specific details of beginning and end dates of employment, salary, job
    > title, job duties, and the reason that you cannot provide a fresh letter
    > from that employer verifying the employment. Find out the facts about
    > whether the company closed down, and give some evidence of the reason.
 

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