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Immigration Issues/Employer denying experience letter

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Question
Greetings Mr Arora,
         I came to US in 2009 on H1b Visa sponsored by one of the leading IT companies in India. I worked with them till Feb 2012 and then changed my job and joined one of the leading American software firm. My current company is filing for Green card and i need experience letter for the same.

My previous employer denied giving me any experience letter on grounds that i did not give 4 weeks notice and indstead served only 2 weeks. Can they deny me letter as per united states labor law?

I did complete my work on time and i see this as nothin but a harrasing tactics.
What are my legal options? I feel an employer should not deny my services.

I look forward to your advice.

Answer
Hi,

There is no legal obligation for an employer to provide an employment experience letter. You can provide evidence of employment through secondary sources such as pay stubs, W-2's, any correspondence received from the employer during your employment (such as evidence of insurance coverage, or reimbursement of expenses), employment agreement that you may have signed when joining the employer, H1B approval notice(s),letters from colleagues who can affirm your employment, a letter from the employer stating that it is their policy to not issue experience letters in certain instances (the company neither affirms nor denies your employment), etc.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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