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Company A not giving Experience letter & W-2 after transferring H1 to Company B

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  • Company A not giving Experience letter & W-2 after transferring H1 to Company B

    Can anyone please let me know what are my legal options in this case?

    I have been calling and e-mailing numerous times my old company to furnish experience letter and w-2 after transferring my H1 to Company X, but no one from HR/firm doesn't respond and I want to have the experience letter (which is my right) for immigration process down the line and W-2 for obviously paying taxes. How can I overcome this situation and what are my legal options? Any feedback appreciated...

  • #2
    Are you asking them for this year's W2? They still have time to send it to you. Wait till the end of January 2010 and send them an email saying that you are going to complain to IRS. They will send it to you immediately. Your x-employer is required by law to give you the W-2. Make sure they have your current adress. Keep the copies of all the email communication with your previous employer in this matter. If you don't receive this year's W-2 from your x-employer as of first week of February 2010, then contact the IRS. They should be able to take a complaint againt your x-employer and at the same time will give you a copy of your W2.

    Regarding experience letter, there is nothing much you can do. For immigration, you can submit a notorized letter from one or two of your colleagues from your previous employer. The letter should clearly mention your designation, join date and end date of employment, roles and responsibilities, technologies worked etc. Also the letter should have the complete contact information of the person who is giving you the letter (His/Her full name, address, DOB, phone number and email).
    Last edited by shervin143; 12-12-2009, 11:34 AM.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      If you do not receive a W2 from an employer by January 31st, first "contact your employer."

      Then," if you do not receive the missing form by February 15th from your employer/payer, you may call the IRS at 1-800-829-1040 for assistance. You must provide your name, address (including zip code), phone number, Social Security Number, dates of employment, your employer/payer's name, address (including zip code), and phone number. The IRS will contact the employer/payer for you and request the missing form. IRS will also send you a substitute W2"

      If you do not receive the missing form in sufficient time to file your tax return timely, you may use the Form 4852. (substitute W2) If you receive the missing or corrected Form W-2 or Form 1099 after you file your return and a correction is needed, use Form 1040X (PDF), Amended U.S. Individual Income Tax Return. Refer to Topic 308, Amended Returns, for additional information".

      If you have additional federal tax questions, answers can be found at www.irs.gov
      Source(s):

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Thank you for inputs !!

        I got my experience letter from old employer.
        And I am seeking last year W-2 only for the month of December. I got full 2008 W-2 from them excluding December,reason being this x employer has the policy of paying H1 employees only after receiving invoice from the client(thank god I am no more working with them).And I earned big money for December 2008 providing consulting services.

        So, what should I do in this case , considering its 2008 december payroll and I have incomplete W-2 from them . So should I call IRS immediately or wait till I get that December 2008 W-2 with 2009 in January end 2010? I have been asking about this but since I transferred my visa, they don't even respond to my emails or phone calls. Any suggestions ?? Thanks

        Comment


        • #5
          Irrespective of when you worked, if you were paid during the calendar year 2009, employer will include the earnings on the 2009 W2.

          There are situations when one gets paid for the 2 week cycle of work in Dec of a year in Jan of next year.

          If the amount was never reported, you are in bigger trouble as you would have to amend your taxes for 2008 and file them.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment

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