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H1b stamping without paystub

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  • H1b stamping without paystub

    I got H1b Visa in Oct 2008. I have payroll from Oct 2008 to Dec 08. Then i do not have pay roll for whole 2009. Because i did not have project during that time.So no W2 and income tax return for 2009 . Now, I have payroll from Jan 2010.
    My question is
    I am planning to go india in June or July 2010 for stamping. Anyone suggest me please about kind of problem i may face during stamping and how can i avoid them.


  • #2
    You have been out of status for one whole year. This could cause you issues during the visa stamping. Your employer is supposed to pay you as per your LCA irrespective of whether you have a project or not. If the VO asks for 2009's W2, then you need to provide it. Otherwise you will end up getting a 221g.
    Not a legal advice. Use of this information is strictly at your own risk.