Previous experience from internship under relative in India

[manasijs13 0]

Hello everyone, 

 

My office recently started my Green Card Process. I am in my 5th year of H1b with just 14 months left for 6 years cap. 

My office is applying in the EB3 category. The requirement for the PERM job description is mentioned as "Bachelors plus some experience". This is my first job after my Masters so my attorney said I cannot show current experience even though its 4+ years with the company. Unfortunately, this the only experience in the US I have. I had done a campus job while in University but that was only for 1 semester. 

 

Other than that, I had 6 months (Unpaid Part-time experience) from a mid-sized Indian company. I didn't pay any taxes while in India. Now, the issue is that the employer was in my relation (Not immediate but close relative). The attorney had asked me to get a verification letter from the HR manager or supervisor. I was able to get the letter on the company's letterhead with responsibilities, dates and position name with signatory signing. 

 

My question is, is it valid to get an experience letter from the prior employer in India in relation to you? Even though Company is legit ISO marked and I have actually done work there.

If I submit a letter, will there be a chance of Audit on PERM or I140 RFE/Denial? I am asking this right now as my attorney has already filed PWD and in the process of collecting verification letters. I do not want misrepresent or commit fraud by any means. 

 

If not should I ask the employer to withdraw/ or not start GC application?

[Coco8 1,042]

A lot of what you say is confusing:

 

- You say this is the 5th year in your H1B. Where you doing your Masters while on the H1B? If not, as you say, you have 4-5 years of experience with the company. Why wouldn't you be able to put it? You have to. Either there is a misunderstanding between you and the lawyer, or he is an idiot. The whole paragraph is poorly written.

 

- Is the 6 months in India works. Yes, a letter is enough and it should have contact information in case they need to verify. You want to alert the person who might get the call (they usually don't call, but you never know). Whether you paid taxes or not, is not relevant. I don't think it matters that you got the job because someone was your relative. I'm sure it's common. As long as you actually worked there, it's not fraud. It would be fraud if you asked your relative for a letter when you actually didn't work for there.

 

 

 

[manasijs13 0]

58 minutes ago, Coco8 said:

A lot of what you say is confusing:

 

- You say this is the 5th year in your H1B. Where you doing your Masters while on the H1B? If not, as you say, you have 4-5 years of experience with the company. Why wouldn't you be able to put it? You have to. Either there is a misunderstanding between you and the lawyer, or he is an idiot. The whole paragraph is poorly written.

 

- Is the 6 months in India works. Yes, a letter is enough and it should have contact information in case they need to verify. You want to alert the person who might get the call (they usually don't call, but you never know). Whether you paid taxes or not, is not relevant. I don't think it matters that you got the job because someone was your relative. I'm sure it's common. As long as you actually worked there, it's not fraud. It would be fraud if you asked your relative for a letter when you actually didn't work for there.

 

 

 

Thanks for the reply  and sorry for the confusion.

 

1. Yes, I did a masters after coming to the states. Then I got hired by my current employer. Unfortunately, the lawyer is applying in EB3 category so he said masters won't be needed to be shown as requirement and have to show experience before masters. I have 5 years of experience from my current employer. My lawyer said I need to show that responsibilities from my previous employer (India) need to match with PERM description. So, even though current job satisfies them they cannot use it. 

Edited December 15, 2020 by manasijs13

[Coco8 1,042]

11 hours ago, manasijs13 said:

Thanks for the reply  and sorry for the confusion.

 

1. Yes, I did a masters after coming to the states. Then I got hired by my current employer. Unfortunately, the lawyer is applying in EB3 category so he said masters won't be needed to be shown as requirement and have to show experience before masters. I have 5 years of experience from my current employer. My lawyer said I need to show that responsibilities from my previous employer (India) need to match with PERM description. So, even though current job satisfies them they cannot use it. 

Why doesn't he want to apply for EB2? Maybe he thinks that the Masters is not related to your current work enough or he thinks it's easier in EB3?

 

I think he wants to include all the experience that you have, so it's an easier case.

 

 

[manasijs13 0]

50 minutes ago, Coco8 said:

Why doesn't he want to apply for EB2? Maybe he thinks that the Masters is not related to your current work enough or he thinks it's easier in EB3?

 

I think he wants to include all the experience that you have, so it's an easier case.

 

 

He says that my immediate manager "The job which I am currently into had only Bachelors as requirement" when I was appointed 5 years ago. So, as its the same job profile with description and responsibilities he doesn't need someone with Masters; a candidate with Bachelors is also fine.

 

[Scpstud 0]

Hello Mansi,

 

How did it go finally? How was your employer/lawyer able to proceed after this?

 

I’m kind of in a same boat and would appreciate your feedback.

thanks!

On 12/15/2020 at 1:37 PM, manasijs13 said:

He says that my immediate manager "The job which I am currently into had only Bachelors as requirement" when I was appointed 5 years ago. So, as its the same job profile with description and responsibilities he doesn't need someone with Masters; a candidate with Bachelors is also fine.

 

Hello Mansi,

 

How did it go finally? How was your employer/lawyer able to proceed after this?

 

I’m kind of in a same boat and would appreciate your feedback.

thanks!

[Ontarkie 14,321]

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