No experience letter available for filing PERM, i140 from past employer - alternatives?

USA
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Hi All,

I have total around 6 years of experience, 3 Yrs of experience in India from 2 companies (A and B).

Company A is a startup (4 Emp’s) I worked for 2 Yrs, then I joined company B and worked for 1 Yr, and came to US to do master’s.

I joined company C after MS in US and working with them since 3.6 Yrs. Company C filed my H1B (Approved last year).

Now they want to file GC (Perm EB2), and requested all docs (Experience letters etc. from previous employers) before filing PERM.

Company B gave me Exp letter (1 Yrs) not in format required by USCIS, but previous colleagues (Manager, Team lead, and Team member’s) who worked with me are okay in signing affidavit on stamp paper (They are working for other companies), but the company A seized their operations (Long time ago, no longer exists) and It’s not possible to get any doc from Company A, not even notary from previous employees.

But I mentioned about both companies A and B on both my H1B resume, and my DS160 (F1). I am really confused, and following are my questions.

  1. Can I not mention (Exclude that experience) about the company A while filing PERM.

  2. Will that be any issue in future if I don’t mention about the company A in PERM document (Any time when I apply for extensions, I140 or Visa interview etc.)

  3. Any alternative’s.

  4. Should I say to my employer not to file (Can they terminate my employment because I might not be able to work with them after my H1B).

Thanks in advance.

1 Like
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Hi @unanimous

I do not see any issue in showing your Company A work experience even though you can’t get an official skill letter.

You did worked for the employer and that’s the truth. The only thing that you cannot get is the letter and you can simply tell this to your attorney that it is not possible to procure it.

There is no need to hide or lie about your genuine work experience on F1 or DS 160 applications.

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Hi @Anil.Gupta,

Thank you very much for fast response, I would go ahead and mention it on the document, and I will also let them know that I cannot procure the skill letter too. Thanks again for clearing my doubt.

1 Like
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Hi Anil,

I was also in similar situation as unanimous, but my attorney said NOT to mention the previous experience if you are not able to produce either the experience letter or the affidavit from co-employee.

Do you think it will create any problem with the future extensions?

Thanks,
Vijay