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Sample Experience Letters for Green Card (PERM) processing in USA

If your company is looking to file Green Card using permanent labor certification program (PERM) for you, they would ask you to submit previous work experience letters from your past companies. Often, many of us would be running around to get the letter format from friends or colleagues. I have collected a couple of Sample experience letters that were used by few for PERM processing. Feel free to use the format. Again, this is just for your reference, it can be changed to fit your needs.

Sample Format of Previous Experience Letter for Green Card / PERM Processing  in USA :

January XX, XXX

TO WHOM IT MAY CONCERN

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Dear Sir/Madam,

This letter is to verify NAME OF PERSON employment at COMPANY NAME , during the period of START DATE to END DATE. Listed below are the roles and responsibilities that NAME OF PERSON performed as a ROLE OF THE PERSON during the above mentioned period.

Job Title : ROLE NAME

Job Responsibilities : DESCRIPTION OF THE JOB DUTIES PERFORMED

We certify that NAME OF THE PERSON is an individual who will continue to make good contribution as ROLE OF THE PERSON.

If you have any questions, please contact our office

Sincerely,

SIGNATURE OF THE SUPERVISOR

TITLE OF THE SUPERVISOR

NAME AND ADDRESS OF COMPANY

 

Disclaimer : These are just for your reference, we are not liable for anything. Use them with your own discretion.

 

   

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73 Comments

  1. Hi Saurabh,

    I am working for Employer A for 12 years and they are not sponsoring GC ,so I have an Employer B who is Sponsoring my GC as a Future Employer while i am still with Employer A.

    Employer B has filed my Labor and yet to be approved, Can Employer B apply for I140 and what should be the documentation from an Employer A perspective to be submitted. Experience letter formats are so. (Most of the experience letters are having start date and end date) but since i am with Employer A how does that work i.e format etc.

    Please advise.

    Thanks
    Praveen

    Reply
    • Praveen V,

      You would need experience letters from employer A. As for end-date, you can mention it as “present date” to show that you are still working. Even then it would show 12 years of work experience which is good enough to qualify for EB-2 or EB3, whichever category you are targeting.

      Reply
  2. Hi,
    I have around 8 years of experience in Automation Testing using Java, Selenium WebDriver, Jenkins etc.. Now I am getting a new job in Good company but they want to recruit me as Sr Software Engineer and responsibilities will be software development.

    Are you seeing any problem in GC processing if i am changing my stream from testing to development?

    Reply
  3. Hello,

    I have 11 years of experience in the order below. But my last employer whom i worked for 6 months is not ready to provide me a exp letter nor ready to pick a call. I have letter from all other employers. Do i really need to have the last 5 years experience or is it fine if i miss the last 6 months experience as i can provide 10years of experience with the same skill set.

    1st Company A 2 years
    2nd Company B 6 years
    3rd Company C 2 years
    4th Company D 6 months
    Current Company E 1 Year

    Reply
  4. Hi Saurabh,

    This is regarding PERM process. The programming languages, technologies and tools which would be mentioned in the advertisement placed by company will have to match with the skill set of employee with previous employers?

    (e.g.: With my previous employers, I have experience in Java. Currently, I am working on .NET. So, mentioning skill set of .NET in the job advertisement will harm me, if I will be having experience of Java on my recommendations from my previous managers?)

    Also, I have Masters degree, during which I have worked on .NET. I can get the recommendations from my project guide. Will that be of any help?

    Thanks in advance!

    Reply
    • Vicks,

      Current employer needs to prepare job description for the position and see what the requirements are. The job advertisement needs to be same as this job description. And you should be able to qualify for this offered position based upon your previous work experience. So it is possible that you have used a technology in the past, which is not part of job description as the current job doesn’t require that.

      Reply
  5. Saurabh,
    I have an experience letter from my past employer on the company letter head.
    It doesn’t have domain experience mentioned.
    My current employer wants a domain experince to be added to it for Green Card Processing
    Can I add an extra line in the experience letter (alter the past experience letter) and submit?
    Everything remains the same the Role, Period of employment.
    Does USCIS reads line-to line?

    Regards
    Anish Guha

    Reply
    • Anish Guha,

      Do not alter the letter issued by the old employer. Either they should issue a new letter w/ that sentence included, or ask your old colleagues/manager to prepare one for you.

      Reply
  6. Hi Saurabh,
    I have been working in India tillJan’15, quit the job in offshore and joined a direct US company post Jan’15. Now my US company is initiating GC process and they need my previous experience letters with detailed skill set and roles. But my previous employers provided me an high level experience letter without any skill sets mentioned. Its more than an year now I left my previous employer. What would I do now?

    Reply
    • Rajesh,

      It is common problem as lot of companies do not provide detailed experience letter. See if you can get it from an ex-colleague or manager. If they can issue on their employer letter head, that would be best. If not, they can issue on personal stationary. You can also include a current print out of their linked-in profile showing that they were indeed working for the concerned employer during that period.

      Reply
  7. Hi Saurabh,

    I need you advice since it’s a tricky situation like all others 🙂

    I completed my BE(4YRS) in July 2010. I joined company X in November 3rd 2010. came to US In August 2014 and quit company X on June 12 2015. technically my experience is 4yrs 7 months. so according to the books i don’t fall under EB2 category.

    i have joined Company Y since June 15 2015 and now my current employer is planning to initiate GC process.

    what are my options to complete this 5 year quota.
    PS. i do not want to quit this current job.

    i read it somewhere that only previous company’s experience counts.

    If i change my designation with my current employer is it possible to add that 6 months to my past experience.

    if not can i show internship that i did after my college as experience , but still i would be 1 month shy of it.

    please advice

    Thanks
    Kumar

    Reply
    • Kumar,
      It is pretty difficult to include GC filing employer’s work experience. You should discuss the idea of adding internship experience with your attorney and see what their input is. They are usually in a better position as they can see the detailed letters and its relevance to the offered GC position.

      Your current employer’s work experience can be included only if it is more than 50% different from the offered position. For example, if you join as Engineer but 1 year later become Manager, then engineering experience can be added as it is more than 50% different from management position.

      Even if you file under EB-2, India is pretty backlogged (I assume it will be India). So why not file it in EB-3 for now if that’s the only option, lock your PD and start working towards a position where you can upgrade to EB-2.

      Reply
  8. Hi Saurabh,

    Reg: Experience Letters for I-140 filing.

    I have 8+ years of experience and my previous 2 employers did not provide me with the detailed experience letters. So i got the notarized affidavit from both the company Managers and they both are in the same format as per the below link.

    http://www.trackitt.com/usa-discussion-forums/i140/347707165/work-experience-letter-affidavit-template

    Do you think this be an issue for approving I-140?

    Reply
    • Krina,

      There is no set format. If others have used this and it worked for them, then it is worth trying. I know a case where attorney suggested including print out of linkedIn profiles of the managers to show that they were indeed working in that company during that period.

      Reply
  9. Hi Saurabh,

    I am in the process of filing my petition for GC processing with my current company.I have both ITES and IT experience and with 4 years of B.E Degree.In Total with ITES exp – i have 5+ exp outside of us but excluding the ITES exp i have less than 5 and my case is falling under EB3 rather than EB2.Since its my first company , should i include that exp for Eb 2 processing will that validation of roles and responsibility that thorough? will cause any issue during the process.

    Company 1 – ITES – (2 Years and 2 months and 22 days)
    Company 2 IT -(1 Year 11 month 11 days)
    Company 3 IT- (5 Years 4 Months and 24 days)

    Company 3 offshore IT- (2 Years 1 Months and 20 days)
    Company 3 Onsite IT- (3 Years 3 Months and 4 days)

    Reply
  10. Hi Saurabh, I have around 9+ years of experience which includes 6 years in India and 3 years on USA, I hold B.Com and Msc(CS) degree also 1 year of CDAC IT Diploma. Now My question is that when I came to USA i left my employer under 8 months(they didnt gave me exp letter) and joined some top big company here in USA.

    would there be any problems if any company applies for my green card. please let me know.

    Reply
  11. Hi,

    I am having Bachelor degree in Bioinformatics. My Employer is initiated my EB3 GC. I got update from my Attorney that there might be possible degree issue because education requirement for labor certification application is a Bachelor’s degree in Computer Science, Engineering, Mathematics or related technical field.

    Please let me know that Bioinformatics is considered a “related technical field” by the government agencies.

    Regards,
    Sumit

    Reply
  12. Hello,

    i need some suggestion i m stuck in strange situation.

    I have Bachelors degree, I have around 4.99 years of experience after that. The twist is as per my experience letters i have 2 days overlap between two companies in india. When i calculated my experience earlier i include that overlap i m able to get 5.0 years of experience so thought i m valid for EB2 category.

    My Labor is approved but now at filing of I-140 i fear if USCIS ignores the overlap and says that 4.996 years of experience will be considered as not eligible for EB2 category.

    Please suggest.

    Reply
    • Hi Neeraj,

      When you say Bachelor degree, is it 3 Year degree or 4 Year degree (B.Tech. or B.E.), I’m having 3 Year degree but 11 Years Experience, my employer has started my process, but the attorney has decided the category as EB3. I looked at your question and found out that your’s is EB2 for Bachelore degree and 5 years experience.

      Reply
  13. Hi Saurabh,

    My new employer will be upgrading my filing from EB3-EB2.
    I am planning to ask for experience skill letter from my previous supervisors. Question is do such letters have to be on Company letterheads?

    Thanks and appreciate your help

    Reply
  14. Hi Saurabh

    I have a question about the experience letter. I have only one previous employer with 12 yrs of experience with them. I have lot of onsite deputations within that period.

    My attorney is asking me to list all of the onsite deputations, work period in India with clear periods, So it is turning out like

    Mr. X held the position of for TCS India ltd. from Jan 2001 to Mar 2003, from Dec 2003 to May 2005.
    Mr. X held the position of for TCS United kingdom ltd.(subsidiary of TCS India Ltd.) from Apr 2003 to Nov 2003
    Mr. X held the position of for TCS Australia ltd.(subsidiary of TCS India Ltd.) from Jun 2005 to Nov 2006
    ………

    a. Is mentioning multiple company names going to cause issues
    Or
    b. is it safe to phrase like

    Mr. X held the position of for our company in India from from Jan 2001 to Mar 2003, from Dec 2003 to May 2005.
    Mr. X held the position of for our company in united kingdom from from Jan Apr 2003 to Nov 2003

    I read somewhere mentioning multiple company names will confuse the USCIS and RFE might arise. Could you guys help me out here on how to approach this – a. or b. or it does not matter.

    Thanks

    Reply
  15. Hi Surabh,

    I have experience overlap issue and need your advice.

    In EB2 5+ years of experience is required to show and I have totol 7+ experience.
    India product base company (1.2 years), Big IT company (6.2 years) and desi consultant in Usa (5+ months). My 1 week experience is overlapped with IT company and last desi company in USA

    My question is
    1) Can I exclude my last experience(Desi company) under EB2 category?

    2) Is there problem if I show 1 week overlap experience in PERM/I-140 and later stages.

    Thanks for your help.
    Rajiv

    Reply
      • I was working on L1B visa and resigned with 1 week notice period.
        On same day my employer told me that you have to leave company today as you moved to H1B and can no longer work on L1B.
        I joined H1B company from next day. But When I received my experience letter after 6 months they put wrong end date. Now they are saying last financial period is closed and can’t change the dates.

        Reply
        • Rajiv,
          I don’t think it will adversely impact your EB-2 application. As that experience was inside US, you should not exclude it (it shows that you maintained L-1/H-1 status).

          Talk to your attorney as to what dates to use. Can the company issue a letter explaining that the dates are indeed off by 1 week but they cannot issue a corrected experience letter?

          Reply
  16. Hi Saurabh,

    I am applying for Green Card in EB-2 category.
    I did my engineering and i have nearly 10 yrs of experience 6+ in India and 3+ in USA . To apply i was said i need reference letters for my India experience.
    Now my question is should those letters be in companies letterhead (is it must) and cant i get it on A4 sheet and get attested .
    As one of the company i worked was merged in 2007 and now all my peers and managers left that company.

    Please advice me the best approach and other alternatives.
    This is the only issue stopping me to proceed i would really appreciate your help.

    Thanks,
    Praveen

    Reply
    • Rajiv/Saurabh,

      What happened to that overlap period ? How did you furnished your dates ? Did your 140 got approved ?

      I am in similar boat now due to overlap where my overlap is between india and US location , As i was not able to travel and resign it created overlap.your reply will greatly help me.

      Reply
        • yes.I was in maternity leave, where i couldn’t travel to india due to health constraint to resign after leave, but had to join in different company followed by leave ending due to family need.This overlap is after maternity leave ending till i join the new company.

          Reply
          • Priya,
            From Green Card perspective, it is ok to have overlap. However, when counting your overall work experience, it should not be counted twice. In other words, if you worked for 3 years for Indian employer and 2 years for US employer w/ 6 months of overlap, then your total work experience should be treated as 4.5 years and not 5. If that is highlighted properly, then it should be fine.

            The reason I asked my previous question was from H-1 legality. When on H-1, you can only work for your H-1 employer. If you were getting paid by your Indian employer as well while employed in US, then that could be an issue. Not sure how much USCIS will read b/w the lines to dig into the overlap period.

  17. Hello Saurabh,

    You have been a great help last year and because of your help I am here in USA now.
    I have few questions regarding the Green card processing. I am a Physical Therapist and have done 4.5 years of education in India. Did 2 years of masters from USA. Worked for about an year in one company on OPT and H1B, stayed/stuck in India for 5 months, got my visa transferred and since then working in the second company since may 2012. So another 1.3 years of experience. Now my new company is ready to file my GC. And I have several questions before starting the process.

    1. I will fall into EB2 or EB3 category?
    2. Is there any way to expedite the GC process, like the premium processing of H1B and if yes, then how much time does it take. I got to know from one of my colleague from Nepal that he filed for his GC and paid extra $10, 000 for premium processing and got his GC in 1 year.
    3. My fiance is on OPT which is ending in Dec 2013. and till now we couldn’t find any non-cap company to file his H1B. Is there any way I can file for his GC too with mine without him coming on the dependent visa. I can get court marriage done asap if it can be done.

    Please help. Thank you.

    Udi

    Reply
    • Udi,
      Glad I was able to help you out last year 🙂

      1. You have done MS in US and so you may be eligible for EB-2. However, your EB category also depends upon what the job requirements are. If the job requires someone w/ Masters or Bachelors + 5 years of work experience, then you can qualify for EB-2. If it requires someone w/ just Bachelors then you cannot qualify for EB-3 (you will be over qualified for that job in a way). The best person to answer this will be your attorney.
      2. There is no way to expedite it that way. You can file PP for I-140 but there are lots of stages that cannot be expedited like job posting, quiet period, PERM processing. Also, the final I-485 cannot be filed until your priority date is current. Nepal doesn’t have backlog for EB-2, and so they can get GC quickly. EB-2 India is pretty backlogged.
      3.No, it won’t help until your I-485 is filed and EAD is approved. Until then he cannot get any GC work employment benefits from your GC processing.

      Reply
      • Priya,

        H-1 laws do not allow you to work in India while you are employed in US. You should only work for your US employer and get paid in US. If you were on H-1 and got paid in India then that could be an issue. Discuss w/ your attorney on how to handle this. Like I said, it is possible they overlook the overlap period, or it is possible it will ring some alarm bells.

        Reply
  18. Hi Saurabh,
    I have an EB2 petition that was approved last January 2012. My employer had already forwarded the required documents and fees to the NVC and I already received an email that final processing of my case was completed last March 13, 2012 and was advised that I will soon be receiving my exit interview schedule 60-90 days from the date of the final processing. I am a bit worried because until now I still haven’t received any notice for the schedule, and its been 2 months already since final processing was completed, is this a normal variance with regards to my case?

    I have a friend who received her exit interview schedule 1 1/2 months after the final processing of her case was completed and she was notified of her schedule almost 1 1/2 months prior to her schedule. Are there any other cases where NVC did not notify the recipient of their exit interview schedule even after the said 60-90 day time frame?
    I hope you could enlighten me with this matter . Thank you in advance.

    Reply
  19. I have java programming experience of 1.5 years. I started out my programming career right after i passed my B.Sc in computers. Now i am pursuing an MCA course and after the completion of the course i would be pursuing an MS in Bioinformatics from the US and have plans to work and settle down in the US

    I have a couple of questions —

    1>at this point in time what all can i do to ensure that i get a green card as soon as possible after i start my career in the US.

    2>Will the 1.5 yr experience in the software industry in India , be of any value there?

    3>Will me doing my Masters Degree form the US help me get a green card permit sooner ?

    4>should i get a special experience letter made from the HR of my previous company describing my skillets and job profile in detail?

    5>Will me doing work remotely (through ODEsk) while doing my MCA be counted as experience?

    Thanks,
    Eagerly waiting for your response

    Naveen

    Reply
  20. Hi,
    Reg:- EB2 Green Card

    I am having 5+ years of IT experiance in a big Nasdaq listed company. I have been working in india for the past 5 years for the same company and just 1 month back only i came to US. I did my 4 years B-Tech in computer science from India. My question is with my background can we go ahead and try for a green card ?. What are the criterias for greencard?. Is there any minimum mandatory days one need to be here before filling the petition?.

    Note:- I got my first H1b stamped just 2 months back and i travelled immidiatley. Now i got my H1b extended too. While calculating H1b years they will start calculating from the stamping date or the I797 issue date?. Thanks

    Reply
    • Jimmy,
      You are eligible for GC, but may not be eligible for EB-2. When looking for relevant experience, one usually doesn’t include experience w/ the same employer. So in that terms, your experience outside current firm is 0, which means you are eligible for EB-3 and not EB-2. You can discuss it w/ your attorney. Most of the companies start the GC process after you have worked for them for at least 6 months, so that they can evaluate your performance and state the same to USCIS. As you have been working for them in India as well, your employer can start the process even now.

      Reply
  21. EB2 with 4 Years Textile Degree?
    ———————————————-
    Hi Saurabh,

    To upgrade my GC to EB2, I want to apply for a job which requires Masters in Computer Science or equivalent +1 Years of experience OR Bachelor in Computer Science or equivalent + 5 years of experience.
    I have 4 years Bachelor degree(B.Tech.) in Textile Technology and 9+ years of IT experience and currently working as Application Developer. Do you think I can apply for this job for EB2?
    My doubt is how can my Textile degreee fits in to the requirement of *Computer Science or equivalent*? Do you think that mismatch in degree type will cause any issue in PERM or I-140?

    Thanks
    Tanya

    Reply
    • Tanya,
      I know people who did their Bachelors in non-Comp-Sc and then applied under EB-2 category. I think it should be ok, but you will have to check w/ attorney to be sure.

      Reply
      • Thanks Saurabh,

        One clarification, not sure you can answer or I should check with attorney. What should be EB2 job description for my Textile Technology degree?

        Also were the non-comp science people who applied for EB2 were they able to get GC or at least Labor/I-140 approved?

        Regards
        Tanya

        Reply
  22. Hello Saurabh,

    Few days back, i took your guidance and finally got my H1B Approved. Now, am currently in US. Thank you very much.

    Now, I have an employer who is ready to file Green Card for me. I have total 4 years of experience & B.Tech Degree, and he told that he shall be filing EB3 and once i complete 5 years, he shall be upgrading it to EB2.

    1) My H1b Visa is valid till Feb 2013 (Just 1 Year), do you think that it would be the right move.
    2) Also, please let me know, how the process happens in short..Like After some time (say 6 months) i will have to change to his company on h1b and so on..and by next year May when I will complete 5 years, he will upgrate it to EB2.
    3) Also, even though he files my GC today, is it possible that i can continue working for my current company for 1 year from now..and then move to his company..
    4) How much time does EB3 or EB2 takes for getting GC?

    Any other advice..

    Regards.
    Bhuvnesh

    Reply
    • Rajat,
      1. In case you have to leave US after 1 year, your GC process can still continue (assuming employer is still ready to support it).
      2. Usually one continues to work for GC sponsoring employer at least till I-140 gets approved so that employer has vested interest in your GC petition. So what you can do is file H-1 transfer to this company after you have at least 5 years of experience. This will allow you to move to EB-2 in future (pending job requirements)
      3. Yes, technically it is possible
      4. EB-3 will take around 10-15 years (or more), while EB-2 will take around 2-3 years (tentative). This is assuming your country of birth is India.

      Reply
      • Hello Saurabh,

        Thanks for your reply.

        Need clarification on point no 2.

        Company A filed my H1b and got approved.
        I am currently working in Company A, but Company B is willing to sponsor Green Card. So, I shall stay in Company A for another year and complete 5 years and after that i can ask for H1b Transfer to the Company B.
        Company B is initiating the green card now, so for how long i can still continue working for Company A. My intention is to work atleast a year in Company A (Just completed 15 days in Company A)

        Regards

        Reply
        • Rajat,
          IMO, you should work for A until you have 5 years of progressive experience, and then move to B. This way, you will have at least 5 years of work experience prior to joining B, and then can file another GC for you in EB-2. They will also be able to retain and port the original priority date.

          Reply
          • Oki…
            Pls confirm..
            You mean that..Let Company B file the GC in EB3 now, and i shall continue working with Company A till i complete 5 years. Then move to Company B with the same priority date as that of filing for EB3.

            Regards,

          • Thanks Saurabh for reply.

            Yep, Company B is planning to do the same. File on Eb3 and then next year on Eb2, so that priority date remains same.

            Regards

  23. EB3 to Eb2: Choose Consulting Company OR Full Time Employee?
    ——————————————————————

    Hi Saurabh,

    Good Morning. Hope you are doing great!

    I am at CRITICAL stage of my life and need your kind advice and I believe many others would also be looking for same advice.

    I have I-140 Approved(EB3) and 6 years of my H1 are complete. I am working for Big Consulting Company and they can’t upgrade my GC to EB2 as my experience for same employers can’t be used for EB3 to EB2 upgrade.

    I am in GREAT DILEMMA whether I should join Cosulting company or I should join a Businesss Company as Full Time Employee such as Bank?? I see Pros and Cons on both sides….

    Consulting Companies:
    Pros: Once a Project is over you can find another project without losing your job.
    Cons: Nowadays Consulting comanies are having difficult time in getting Visa extension without Client Letter and not all Clients are issuing Letter to Contractors. Without Client Letter my Visa Extension was denied last year and I don’t want to repeat same thing.

    Full Time Positions:
    Pros: I don’t need to worry about Client Letter and Visa extension should not be problem.
    Cons: Once Project is over then I may not be getting another project and worst case If I am Laid off then I will become out of status and I will have to go my home country as jobless!!

    I have family and school going daughter and non working wife. I don’t want to spoil two lives because of my poor decision so I request all you folks to please provide your advise based on your experience or your friends’ experience. I will be highly obliged to you!

    Regards
    Visathinker

    Reply
    • Visathinker,
      USCIS also evaluates the company profile when processing the GC position. You do not want to join a small consulting company whose GC application end up getting denied. IMO, you should go for medium to large corporation who are ready to file your GC within 6 months after you have joined them so that you can make use of the current processing times. Not every large company lays off an employee after the project has ended. They move on to other projects, unless their are no other openings in the projects.

      Reply
      • Thanks Saurabh for your kind advice!

        I have heard, not sure this is correct, the Full Time Employers are less flexible in filing Green Card Process. i.e. they don’t make attempt to port priority date from Eb3 to Eb2 while consulting companies can do so. Please enlighten me what is correct information.

        Regards
        Mahendra

        Reply
        • Visathinker,
          I know lot of people who got their GCs filed through full time employers. You can go through the GC database (link available on top of the blog) to look at companies that have filed GC in the past.

          Reply
  24. Hii Saurabh,

    I am in a strange situation that

    I am in India my PD is current I 485 is pending and my h4 and Biometrics which i gave in US were expired

    SO what kind of visa i can take
    I am a derivative applicant not primary already my husband’s GC arrived he is in US

    can i apply for a b1 or f1 or h1??
    please advise me

    Reply
  25. Subject: Eb3 to EB2 Upgrade, Same Employer or Change Job?

    Description:
    Hi Saurabh, Good Morning!

    Hope you are doing great!

    I am at critical stage of life. I have EB3(India) I-140 Approved with PD Jan-2009. Considering huge back log in EB3-I, I don’t think I will be getting my Green Card even till the day of my retirement. I am seriously thinking to get my GC processing changed to EB2 as well port my PD of EB3. I am in big dilemma whether I need to change my employer or I should file EB2 with same employer!! I have heard that EB2 with same employer is not easy. Could you please let me know what should be the correct path for me to choose?
    FYI – I have not got any promotion with my current employer since I have joined it nor I do I think of getting any promotion in next 1 or 2 years.

    Regards
    Visathinker

    Reply
    • One qualified for EB-2 if the job requires at least a Masters degree or Bachelors + 5 years of progressive work experience. In addition, you need to qualify for the same. So if you have necessary education and experience, then you can change to a different employer who can offer you a job that qualifies for EB-2. Once you change employers and the new employer files GC for you, you may be able to port PD if you have a copy of approved I-140. Upgrading through the same employer is much more difficult and susceptible to audit.

      Reply
      • Thanks Saurabh!

        My employer doesn’t provide copy of I-140. I only have receipt number and can check status of I-140 online at USCIS site. Do you think receipt number is sufficient to port PD or do you have any other advice beside this?

        Regards
        Visathinker

        Reply
  26. Hi,

    I was on L1-B for 5 years till Oct 2011. Now I moved to H1-B and is valid till Nov 2012 (maxout). I have my I-140 approved in Nov 2011 in EB3 category.

    Now I am looking to change employer, but I will not get copy of approved I-140 from my old employer (they might cancel it if I resign). My new employer is ready to file GC in EB2. My questions are

    1. Is there any way I can port my I-140 priority date from my old employer?
    2. When my new employer files Labor and say if it goes into audit, then will I be able to extend my H1-B after Nov 2012?
    3. Is it advisable to change employer at this point?

    Reply
  27. Can we submit the experience letters of the time when we were employed in India too.. while applying for green card permit?

    Reply
    • Experience letters need to contain specific skills used in past job. AFAIK experience letters from India are very generic and just specify years of experience and not specific skills. The skills also need to match the ones required for the proposed job.

      Reply
      • What if i get the experience letter in the same format as proposed in the above article, from my employer in india? would that be valid?
        (and yes the skills mentioned …very well relate to the job on the basis of which i would apply for a green card)

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        • Yes, you can have them and they come in handy especially when you have to show relevant years of work experience for the proposed job.

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          • Does freelance work (e.g- freelance software development work )count as work experience for a software developer in the US?

          • If you worked as an employee from 2008-2010 and freelanced for another client for one year during same period, then your years of work experience is counted as 2 and not 3.

            It is better to get it discussed w/ a lawyer who can deep dive into what documents you have and can tell you exactly if they add up as relevant work experience for GC filing or not. It is not appropriate to give you a yes or no answer without knowing the whole picture.

      • Saurabh – My employer has checked my experience details and decided that i can be filed under EB2 category. However they informed that I have to present experience letters from my former employers with Job Desc. Out of my three previous employers one of them provided me with an experience letter that do not specify job desc. This was my second company. When i contacted them they said that they cannot provide anything outside of their standard format(which does not contain job desc).
        Will this affect my processing? Is there any possibility of RFE from USCIS?

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