Problems Documenting Experience for an Employer-Sponsored Green Card Sponsorship
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I am currently working for Company 'A' and in my 6th year of H-1B visa, it is expiring on December 20,2015. My company 'A' gave me a sample experience letter and are asking me to approach my previous employers and add EXACTLY the current duties I am doing at Company "A" in the experience letter of my previous employers as part of "Additional job duties" in order to proceed with my Greencard sponsorshpi. Now there is WORLD OF DIFFERENCE between what I am doing for my current Company and what I did at previous employers. But legal team at Company "A" is hell bent on the fact that if I need to get my Greencard filed throgh them, my current duties must be part or experience letters. My previous employers might not agree to this, what do I do now? This situation is really stressful for me now. I would highly appreciate responses!!!
Re: Greencard Sponsorship--Duties Not Matching Experience Letter and Sponsorship Lett
In what state is this?
Experience letters are a rarity in the US. Many employers will not have heard of them. In most states employers are not required to provide them at all, and in the few states that do require them you only have a limited time to make the request and you may be required to make it in writing. If you miss the window or do not make the request using the required format, the employer may ignore your request.
If you can provide your state, I can at least tell you what, if any, requirements there are on the employer to provide you with an experience letter.
Re: Greencard Sponsorship--Duties Not Matching Experience Letter and Sponsorship Lett
Thanks for your response.I currently work on-site for Company A in Dallas,TX that is client of Compnay B (that sponsored my H-1B) which is also in Dallas,TX. Before working for Company B, I worked for Company C(based in Oregon), Company D (based in Maryland but I worked on-site for their client in New Jersey) and Company E also based in Dallas,TX.Also another issue for me is that the duties I am performing for Company B, only 50% of these duties will match what I did for my previous employers. That's why I am concerned that they might not agree to sign my experience letter which will eventually turn into Company B not processing my Greencard. That's the reason I am strssed, please help. Thanks a lot in advance!!!
Re: Greencard Sponsorship--Duties Not Matching Experience Letter and Sponsorship Lett
None of the states listed requires an employer to provide an experience letter. Texas law gives an employer permission to write a letter detailing the true reasons of an employee's dismissal, but does not make the letter mandatory and says nothing about your experience. The other states do not even appear on the list of states which may, in some situations, require documentation of some sort.
This is not to say that your former employers won't provide you with letters, only that there is no law you can invoke to force them to if they choose not to. This is going to be entirely between you and the employers, and what you and they can agree on.
Re: Greencard Sponsorship--Duties Not Matching Experience Letter and Sponsorship Lett
No reputable company or person would attest to a federal agency that you performed duties that you did not. They would certainly be foolish to simply sign a letter drafted by you - "my experience letter". The HR department or your supervisor is certainly qualified to draft any communication without your assistance. If your current employer is suggesting anything suspicious in order to process a green card on your behalf, you would better serve yourself by finding a more reputable employer.