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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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I was working with Employer A. They filed my GC in Jan 14 in

Customer Question

Hi , I was working with Employer A. They filed my GC in Jan 14 in EB2. It got selected in Audit. So I went on H4 in Sep 14 as I maxed out. In Jan 15, my employer filed H1B extension based on 365 days rules. My H1b got approved in on Feb5 based on internal project shown. I got another project in Mar end and started. It seems my employer did not generated paystub for Feb and Mar15 but regularly afterwards.They filed my extension in Sep and I-140 which got approved. They filed my extension on Apr 16 that got approved. I changed to Company B while working with same client and got H1B transfer approved till next Sep17. My question is , I am planning to go India for stamping , so these missing paystub would create problem for H1B stamping or on port of entry back ?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Expert James replied 10 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

ANSWER: If you were actually employed, according to the H1B petition, and you were paid for those months at some point, then there should not be any problems at stamping. But you will require proof of this. Just saying so will not be enough.

The fact that you were able to extend your status is a good sign since you would not be able to extend of change status unless you were able to show that you maintained your status throughout your stay in the US.

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Expert:  Expert James replied 10 months ago.

Hi, I’m just checking in to see how things are going.

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Thank you.

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