As a rule no two cases are alike, and mine is no exception.
I was selected with 130 points with no job offer of which I claimed:
8+ years for relevant work experience, and both 6+ years in the future growth area and absolute skill shortage areas. I have been working for the same company in the USA since May 2002 full-time and my employer has provided the appropriate reference as well as tax information for 2002-2008 years.
However, at the time I started working for them, I was a foreign student and as such not allowed to work. I had a temporary authorization to work between Jul 2001 and Jul 2002 (so when I started and 2.5 months afterward I had the right to work). I was detained by the Immigration service for working without authorization in Dec 2003 and after going to Immigration Court for 2 years, I finally left the USA and returned to Bulgaria in March 2006. During the time after Dec 2003, I kept working for my US company while in the US as a regular employee. Even after I returned to Bulgaria in Mar 2006, I was paid as a US employee with weekly direct deposits to my US bank account. This arrangement continued until February 2008 when I started receiving my pay to a bank account in Bulgaria, and this is how it still continues.
The Operations Manual explicitly mentions that the work must be lawful. Mine was lawfully obtained and taxes were collected (I have the Social Security annual statement which already qualifies me for US pension). Unfortunately past the 2.5 months the employment was "unauthorized". The CO has mentioned that he thinks this will be an issue with the application. Considering this is the last step before the interview, if my work experience cannot be justified to the amount claimed and my points drop below the selection (120 at the week I was selected) will the application be declined? I am very worried that this might become the case. Anyone had a similar experience of points being lowered at the PR decision stage?
Nick