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.
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
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.
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