Tax returns and VISA Stamping

[gprasad.n]

My spouse and I both are in H1. I am working as a Full time employee *for the same organization for almost 6 years now. My wife got her H1 in 2014 thru a consultancy. My wife found a project in first week of Dec 2014 and working* in EVC model till date. Her payroll was not run from Oct - Nov 2014 as she had no project. Her payroll was not in Dec 2014 as well, because her employer did not get the payment from the vendor. So he ran the payroll only at the end of January 2015 for December and in February end for January like that. When she asked her employer for W2, she was told that, she had to file as my dependent, because there's no income for her in 2014. So when I filed the tax returns in early this year, I did Married Filing Jointly.*
Later in April she did not like working with that employer as they were not paying properly and transferred her visa to another employer.*


Now that We both are going to India and we need to get H1 stamping. would the above situation bout the tax returns raise any reflags and lead to Visa Denial for both of us? 



Please shed some light on this.


Thanks.

[shervin143]

Hard to say. It totally depends on the VO and how deep he/she looks at her records. Basically she has violated the H1B regulations by not working and getting paid properly to maintain the H1B status. She could have complained to DOL made the employer pay. If the VO asks for 2014's W2, then it will be an issue. It is hard to say how it might go. It totally depends on the VO.

[gprasad.n]

Would this cause any problems for my stamping too?

[shervin143]

Not if you appear for H1B stamping separately.

Would this cause any problems for my stamping too?

[gprasad.n]

Would the tax be still a problem for us to get the stamping incase she leaves her current job and travel with me to India on H4. Since I have I140 approved she can get an EAD upon return. Do you guys think is it a wise idea? Please advise.