Jump to content
Sign in to follow this  
Todd-Leah

Difficulty in getting an employment letter

11 posts in this topic

Recommended Posts

My husband is preparing the AOS package and has hit the road bump in the road with getting an employment letter. The corporate office of my husband's company said they cannot write a letter stating his wages or hourly rate without valid evidence for the request, as stated in the bylaws within the company's guidelines or whatever codes.

As my husband lived oversea in the last few years, his tax transcripts for 2005-2007 do not reflect income above 125% of the poverty guideline. But, his current income does. That's why it's essential and we want to include an employment letter that reflects his current employment and current income.

1) What kind of evidence(s) he should show the company that he "needs" an employment letter?

2) Is it really necessarily to have 'salary' stated on the employment letter since his pay stubs do show his weekly wages and year-to-date wages?

Would it be alright if he gets an employment letter stating all the essentials information i.e. starting date, permanent staff, position, without the mention of "salary" ? (He doesn't know yet whether he can get such a letter or not.)

Leah


USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

Share this post


Link to post
Share on other sites

wow.. all i did was email my HR and stated the reason why i needed an employer letter and i got it the next day.. she even told me that if the letter wasn't good enough to just let her know and she will make another one.. i work at a hospital. i basically emailed them a template on what the employment letter should look like and presto.. got it the next day.

that's a ridiculous policy! it's your husbands personal information. he should be able to get that in writing if he wants to! it's not like it's medical records..


I-130 Timeline:

5/13 : NOA1

7/21 : NOA2 - APPROVED!!!

NVC Timeline:

7/25 : Case # assigned

9/30 : Case completed!!!! (THANK YOU, LORD!!!)

10/03: Interview date assigned

US Embassy in Manila:

10/30 : Paid Document Verification (just to be on the safe side)

11/12 - 11/13 : Medical at SLEC

11/18: INTERVIEW DATE/MANILA EMBASSY/0630AM - VISA APPROVED!

11/20 : Visa in hand! (that was fast!)

11/30 : Flight to USA!

Life in America:

11/30 : POE:LAX

12/04 : SSN issued - 12/13: card received in the mail

12/04 : "Green Card" issued - 12/13: card received in the mail

NOVEMBER 30, 2010 : CR1 expires

Share this post


Link to post
Share on other sites
My husband is preparing the AOS package and has hit the road bump in the road with getting an employment letter. The corporate office of my husband's company said they cannot write a letter stating his wages or hourly rate without valid evidence for the request, as stated in the bylaws within the company's guidelines or whatever codes.

As my husband lived oversea in the last few years, his tax transcripts for 2005-2007 do not reflect income above 125% of the poverty guideline. But, his current income does. That's why it's essential and we want to include an employment letter that reflects his current employment and current income.

1) What kind of evidence(s) he should show the company that he "needs" an employment letter?

2) Is it really necessarily to have 'salary' stated on the employment letter since his pay stubs do show his weekly wages and year-to-date wages?

Would it be alright if he gets an employment letter stating all the essentials information i.e. starting date, permanent staff, position, without the mention of "salary" ? (He doesn't know yet whether he can get such a letter or not.)

Leah

thats just ridiculous...ur husband has the right to get such a letter....ask him to talk to his boss or someone else at HR...doesnt look like the person he spoke with knows much...ive never heard of such nonsense...good luck Leah!!


USCIS (Vermont Service Center) Journey

Mailed I-130 Packet on 05/27/08

Approved: 12/23/08

NVC Journey

NVC Case Number assigned 01/02/09

Case Completed 01/21/09

End of Visa Journey

New Delhi Embassy Interview 03/17/09

VISA APPROVED!!!!!

Share this post


Link to post
Share on other sites
My husband is preparing the AOS package and has hit the road bump in the road with getting an employment letter. The corporate office of my husband's company said they cannot write a letter stating his wages or hourly rate without valid evidence for the request, as stated in the bylaws within the company's guidelines or whatever codes.

As my husband lived oversea in the last few years, his tax transcripts for 2005-2007 do not reflect income above 125% of the poverty guideline. But, his current income does. That's why it's essential and we want to include an employment letter that reflects his current employment and current income.

1) What kind of evidence(s) he should show the company that he "needs" an employment letter?

2) Is it really necessarily to have 'salary' stated on the employment letter since his pay stubs do show his weekly wages and year-to-date wages?

Would it be alright if he gets an employment letter stating all the essentials information i.e. starting date, permanent staff, position, without the mention of "salary" ? (He doesn't know yet whether he can get such a letter or not.)

Leah

thats just ridiculous...ur husband has the right to get such a letter....ask him to talk to his boss or someone else at HR...doesnt look like the person he spoke with knows much...ive never heard of such nonsense...good luck Leah!!

Tell me about it, I don't know why they are so ridiculously paranoid about giving out a letter!

Leah


USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

Share this post


Link to post
Share on other sites

Not an expert by any means, but from what I have read on this :

  1. Your "proof" that you require the letter is in the instructions for the I-864, as it states, "You may submit this information for the most recent three taxyears , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of theseitems will help you qualify." You can have your husband show these to his employer. Given your situation it seems it would be a good idea to have that additional evidence.
  2. The income you can prove with the paystubs, so getting the salary stated on the letter should not be a big deal. They will consider anticipated income. What is important is getting the letter to convey whether there exists the possibility that your husbands employment will continue. For example, it should say something about being a Regular Full-time employee. I think they just want to see this is not a temporary or seasonal job/pay.
Most employers are worried about giving these letters mainly because if not worded properly they can be used against them as a gurantee of employment or salary. It may also help if you put together a template to use as a starting point that can be modified and re-worded to meet their needs. Just have them put the final result on company letter head.

Hope this helps. Good luck!

Edited by t0+

CSC - I-130 for Parents (IR5)

02/27/2012 : Sent to Chicago Lockbox

03/01/2012 : Delivered to Chicago Lockbox

03/07/2012 : Check Cashed (Fee $420*2)

03/12/2012 : Received NOA1

07/02/2012 : APPROVED (112 Days)

07/05/2012 : Received NOA2

NVC

07/09/2012 : NVC Received

--/--/2012 : Case# generated

--/--/2012 : DS-3032 (COA)

--/--/2012 : I-864 - AOS Fee $88*2

--/--/2012 : DS-230 - IV Fee ($330+$74)*2

--/--/2012 : Case Completed

--/--/2012 : Forwarded to Consulate [CDJ]

Consulate

--/--/2012 : Medical

--/--/2012 : Interview

--/--/2012 : POE

.....Waiting to for NVC to generate case# 2mww6.gif

Share this post


Link to post
Share on other sites

I was wondering why your husband's company has this ridiculous guidelines. :bonk: Is it really written in the company's rules and regulations? Or the HR department is just making an excuse not to do so? An employee has a right to request and obtain employment certificate. If they are quite afraid that your husband will use it somewhere else then they could just put "This certification has been issued for US immigration or NVC purposes only". Goodness!!

Edited by CaNdiD wiTcH

I promise to love you in good times and in bad, with all I have to give and all that I am, in the only way I know how -- completely and forever......

Share this post


Link to post
Share on other sites
Not an expert by any means, but from what I have read on this :
  1. Your "proof" that you require the letter is in the instructions for the I-864, as it states, "You may submit this information for the most recent three taxyears , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of theseitems will help you qualify." You can have your husband show these to his employer. Given your situation it seems it would be a good idea to have that additional evidence.
  2. The income you can prove with the paystubs, so getting the salary stated on the letter should not be a big deal. They will consider anticipated income. What is important is getting the letter to convey whether there exists the possibility that your husbands employment will continue. For example, it should say something about being a Regular Full-time employee. I think they just want to see this is not a temporary or seasonal job/pay.
Most employers are worried about giving these letters mainly because if not worded properly they can be used against them as a gurantee of employment or salary. It may also help if you put together a template to use as a starting point that can be modified and re-worded to meet their needs. Just have them put the final result on company letter head.

Hope this helps. Good luck!

The HR person asked for a copy of the I-864, and my husband is going to highlight that part.

Yeah, I can understand the fear of it being used against the company, especially litigations are quite rampant.

Leah

I was wondering why your husband's company has this ridiculous guidelines. :bonk: Is it really written in the company's rules and regulations? Or the HR department is just making an excuse not to do so? An employee has a right to request and obtain employment certificate. If they are quite afraid that your husband will use it somewhere else then they could just put "This certification has been issued for US immigration or NVC purposes only". Goodness!!

I have suggested to my husband to get the HR person to put a disclaimer or a sentence like you suggested, we will see what comes out from that.

Leah


USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

Share this post


Link to post
Share on other sites

If they want more you can always print this out for them:

Adjudicator's Field Manual - Redacted Public Version \ Chapter 20 Immigrants in General \ Enforceable Affidavits of Support

If you want to be kind you can just print out:

(2) Job Letters and Proof of Income . Pay stub(s) showing income for the most recent 6 months and letters from all current employers are no longer required as initial evidence. The applicant, however, may submit either or both of these items (1) in response to a request for additional evidence (RFE), or (2) with a Form I-864 if the applicant believes doing so would help establish that the sponsor meets the governing income/assets threshold.

If submitted, letters from current employers should show dates of employment, the nature of the job, wages or salary earned, number of hours/weeks worked, and prospects for future employment and advancement. It should be sufficient for the employer to say that the employment is of indefinite duration or words of similar effect. Promises of future employment are not required.

Share this post


Link to post
Share on other sites
If they want more you can always print this out for them:

Adjudicator's Field Manual - Redacted Public Version \ Chapter 20 Immigrants in General \ Enforceable Affidavits of Support

If you want to be kind you can just print out:

(2) Job Letters and Proof of Income . Pay stub(s) showing income for the most recent 6 months and letters from all current employers are no longer required as initial evidence. The applicant, however, may submit either or both of these items (1) in response to a request for additional evidence (RFE), or (2) with a Form I-864 if the applicant believes doing so would help establish that the sponsor meets the governing income/assets threshold.

If submitted, letters from current employers should show dates of employment, the nature of the job, wages or salary earned, number of hours/weeks worked, and prospects for future employment and advancement. It should be sufficient for the employer to say that the employment is of indefinite duration or words of similar effect. Promises of future employment are not required.

Thank you for the head up to the USCIS's publication. I just forwarded that to my husband, so he can forward it to the HR lady.

Leah


USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

Share this post


Link to post
Share on other sites

What kind of company does he work for that they'd be afraid to document that he works for them since a certain date and that his annual compensation is such and such? We get one every year as a matter of course after they announce raises. And since we all signed a paper that agrees that the company can fire us at any time for any reason (or no reason), we certainly can't take a letter stating our annual salary as a promise of anything.

I work for a major pharmaceutical company. And they are very litigation-averse. But they're not ridiculous about fulfilling reasonable requests from their employees.


Sent I-130 to VT 25-Oct-2007

I-130 Moved to California 6-August-2008

My petition has been in 3 states (1, twice) in 9 months!

Rec'd by CSC 8/9, touched 8/11, 8/12, 8/15, 8/20, 8/25

Approved Tuesday, 25-August-2008

10 months since we mailed the petition

Rec'd NVC 9/3, Invoice Generated 9/10, DS-3032 emailed 9/11.

Rec'd AOS invoice 9/15, paid online 9/15, Accepted as Paid 9/18, mailed I-864EZ 9/19

IV Invoiced 9/18, paid online 9/19, Accepted as paid 9/22

DS-230 sent 10/2

Case complete @NVC 10/8 - 11 months, 1 week and 6 days

Interview in Montreal December 18, 2008 - scheduled 1 year, 1 week and 3 days after the start of our journey. Takes place 1 year, 1 month, 3 weeks and 2 days after the start...

[X] Passed [ ] Failed Interview

Thursday, April 2, 2009 Activated Visa - 1 year, 5 months, 1 week and 1 day

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×