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Immigration Law

I have a question with the immigration issue..please help me

Customer Question
Hi JA: Hello. How can I...
Hi
JA: Hello. How can I help?
Customer: I have a question with the immigration issue..please help me to get through this..
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: I'm on H1b and I haven't filed any paper work but Im looking for H1 transfer
JA: Have you talked to a lawyer yet?
Customer: No I talked with some immigration advisor who is working on my H1B transfer
JA: Anything else you want the lawyer to know before I connect you?
Customer: No,I have some questions for him regarding the transfer process
Submitted: 3 months ago.Category: Immigration Law
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Customer reply replied 3 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 3 months ago
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Customer reply replied 3 months ago
Hello,
This is Anusha and Im on H1B since last october,working for a consulting company directly and I'm IT consultant.I recently got Full-time and I'm looking for H1 transfer but I don't have pay stubs in march and June as I took vacation those two months.Now the company is asking for June pay stub for H1 transfer.Is there a way to get this process done.
Answered in 20 minutes by:
7/26/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,142
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

I have been an immigration attorney for 37 years.

Did you go abroad while you were on vacation in June.

Do you have any email or written confirmation from your old employer giving you permission to take leave for personal vacation in June?

Judith

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Customer reply replied 3 months ago
Thanks for the response Judith.Its been great getting answers from experienced attorney like you.I'm afraid I don't have any vacation proofs.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

That is unfortunate. Usually we provide leave requests made in writing or email to confirm an employee was not benched by the employer. Did you travel? Do you have airline tickets, hotel receipts? Anything to prove you were not benched?

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Customer reply replied 3 months ago
No Judith, I don't have any airline tickets also.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

Then I cannot pull and magic out of a hat.

If you cannot provide some evidence that you were not benched the new employer cannot show USCIS you remained in status here. In order to get a new I-94 for the new employer you need to show you didn't violate immigration laws. The burden is on you. The presumption is you were out of status if you cannot prove you were in status. I'm sorry but I have to be honest with you.

If you are satisfied with my answer please give a positive rating by clicking on the 5 stars. If you have further questions to clarify my answer, please post here.

Judith

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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,142
29,142 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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