I have 4 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 2 Yrs. I joined company C after MS in US and working with them since 4 Yrs. Company C filed my H1B(Approved last year), now they want to file GC, and requested all docs(Experience letters etc. from previous employers) before filing PERM. Company B is okay to give me Exp letter(2 Yrs), 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). The following are my questions.
1. Can I not mention 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(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).
BTW: Thanks in advance. I am being honest and I don’t see a way to prove that I am not lying.
More specific information and an in person consultation and document review are critical to obtaining enough information to provide you with meaningful advice. You should retain your own private immigration attorney, since your company's immigration attorney (if any) is answerable to the company, not you, and that attorney will protect you, only if the company is interested in protecting you. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You need to retain an experienced immigration attorney for any immigration matter or you may throw away your future. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You can reach out to the counsels who will file the PERM for you and your employer. As paid counsels, they will discuss secondary evidence with you to show you have the relevant experience for the job offered.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
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