I-140 RFE question

Asked over 1 year ago - Rockville, MD

2001-2003 Company A (Indian Company)
2004-2005 Company B EB3 sponsored
2006-2009 Company C (Now listed as Fraudulent with USCIS)
2010-2011 Company B
2012- till date Company D Current EB2 Sponsoring with BE + 5 Years exp
I got my EB2 labor approval and applied for I-140 with Company D and received RFE to prove 60 months experience. I have replied for the RFE with Company B and C exp letters as they were listed in ETA-9089. But yesterday came to know that Company C is listed as Fraudulent with USCIS.
My question is if USCIS don't consider Company C exp valid can they except the company A exp (not listed in ETA)? Please provide your opinion on my I-140 approval chances.

Attorney answers (4)

  1. Ismail T. Shahtakhtinski

    Contributor Level 12


    Lawyer agrees

    Answered . Your question is too fact intensive and requires in-person consultation. We provide general free guidance here. You should talk to a lawyer individually.

    Ismail T. Shahtakhtinski, Esq.
    I.S. Law Firm, PLLC
    1199 N Fairfax Street, Suite 702
    Alexandria, VA 22314
    (703) 527-1779

    The information provided in this answer is designed to provide useful information and background materials about I.... more
  2. Anu Gupta


    Contributor Level 19


    Best Answer
    chosen by asker

    Answered . HI there -- Don't know what you mean by "fraudulent". If you worked there, with a valid visa, you can use that experience. Also, if you dont have an experience letter from Company A, get affidavits from colleagues or provide other evidence to prove that you worked there for 2 years. In this way, even if there is an issue with company C's employment, you will still meet the 60 month requirement.

    Good luck!


    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
  3. Hetinder Singh Gill


    Contributor Level 13


    Lawyers agree

    Answered . You should speak with a local immigration attorney.

    Raja S. Gill | Attorney At Law | Gill Law Group rsg@rsgattorney.com | http://www.thegillfirm.com T: (855) 600-... more
  4. Dhenu Mitesh Savla


    Contributor Level 17


    Lawyers agree

    Answered . While I'm not sure, it would probably raise flags to change your employment history suddenly. You can't work for both com C and A at the same time so which is it?

    Dhenu Savla, Esq.
    SwagatUSA, LLC

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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