previous year W2 and Tax returns for H1B Stamping in Mumbai

[sameerguptha]

OPT Start Date: Jan 2009
OPT End Date: May 2011

Comp A (A Consulting Firm)applied for H1-B in April 2009 thru consular Processing and got approved. I worked for Client X in the month of April but lost my job in a week itself.(thus I dont have any pay Stubs from Comp A)Since Comp A was not able to find me a job. I found A full time job in Comp B in June 2009 , I somehow convinced Comp B to hire me as a contractor as I already have my H1-B approved thru Comp A. Thus from july 2010 I started working for Comp A again as my employer and Comp B as its Client. I am planning to go for VISA stamping in Dec 2010. My Question is

1) If they Ask for my Tax Returns and W2 for 2009 what should I answer as I just have my W2 frm Comp B

2) would there be a question of something like why havent I've been working for Comp A Since my H1 approval.

Please advice. I appreciate any kind of answer

[shervin143]

When the H1B is approved as a consular process, you cannot start working for the H1B employer without getting it stamped and returning back in H1B visa (or) filing an amendment to change the approval from Consular process to COS. Did any of this happen when you initially started working for Company A?

If your H1B is approved for Company A, then your pay slips and W2 should be from Company A (Provided you changed your status from OPT to H1B). If you want to work for Company B as their employee, then Company B should have filed an H1B transfer. Did that happen?

You have mentioned that Company A is your employer and Company B is your client. If so, why would the client run your payroll and provide you W2's? The client is suppose to pay your employer (Company A) and Company A is suppose to run your payroll.

[sameerguptha]

Hello shervin143,
thank you very much for the reply. ok let me explain you what happend so that you can get a clear idea.

I am an International Student on F1 Visa Graduated in Jan 2009 .My OPT started in the same month. I joined Company A (Consulting Firm) who Marketted me and placed me at Client X in April 2009 while I was on OPT itself, Comp A applied for my H1B Visa under Consular processing (meaning I would be on H1-B Status only when I go to India and get it stamped) thus i started working for Client X for about a Week starting April 1st. I got fired in the Same Week from Cleint X. Comp A wasnt able to find me any Job there after, Since I was on OPT I started applying for new Jobs.
Comp B employed me as a Full timer in June 2009 on OPT. I also extented my OPT on Comp B (bcos it was a E-verified company) In Mid
May 2010 I told Comp B that in order for me to work for them for few more years i need them to sponsor me a H1 Visa. It being a Govn Org said they wouldnt be able to do so, but they also said that they can hire me as a contractor if any other company sponsors me a H1-B Visa. Thus I went back to Comp A again and thus now I am working as a contractor( starting june 2010) for Comp B and Comp A is running my payroll and Comp B is the Cleint. My Question is
if the Visa officer Asks me
1) Since when did you start working for you H1-B Employer then I would say June 2010 and then he would ask me "why didnt you work for him for the past one year?" So is it legal to do like that even if I dont work for the Company which sponsored me a H1-B

2) I am planning to go for Stamping in the month of Feb 2011, Since i have my OPT till May 2011. i was just wondering like if the visa Officer gives me a VISA will he give me a VISA till 2014 or till 2012 (Taking Starting date as April 2009)

3) I dont have a W2 from Comp A since I didnt work for him till 2010 July, would that be a problem in my VIsa interview

[shervin143]

I know you started with OPT. Right now, are you working in OPT or H1B status? If you are currently in H1B, how did you get into H1B status as your H1B was approved as a consular process.

If you are still in OPT, then why do you have to work for Company B (Client) through Company A?

[sameerguptha]

Hello shervin143,
I m in OPT status. I need to work for Comp B (Cleint) thru Comp A (Consulting Firm which sponsord me a H1-B) Because, I need to go for Stamping to India so as to get my H1-B and this will a Couple of Sample questions I ma y need to Answer

VO:Hello which company are u working for?
Me: Comp A

VO: since how long were u working for it?
ME: July 2010

VO: your Visa was approved under consular processing under in April 2009 why havent u worked for them since then?

it would also give the VO an impression that I may be misusing my H1-B because I m shifiting Companies at my own will. Please advice

[shervin143]

They are not going to ask any such question since your H1B is not effective until now. When the H1B itself is not effective, then what is the need to work for Company A which is a consulting firm? When an H1B is approved as a consular process, it means, you cannot work for that employer until you somehow change your status from OPT to H1B (Like gettting the H1B stamped and returning back or applying for a COS from OPT to H1B). Since you haven't done any of these, there is no need for you to work for Company B through Company A. Since your current status is OPT, you could have continued working directly for Company B in OPT status.

Just because a petition gets approved, it doesn't mean that you have to work for that company. The consulate doesn't expect that. What is more important is maintaining your valid immigration status.

Answers for your questions below

VO: your Visa was approved under consular processing under in April 2009 why havent u worked for them since then?
>>> No visa officer will expect you to work for the H1B employer (Company A) when the visa is approved as a Consular process. If asked you can say that you decided to work in OPT as the H1B was not approved as a COS.

it would also give the VO an impression that I may be misusing my H1-B because I m shifiting Companies at my own will. Please advice
>>> YOU ARE IN H1B UNTIL NOW. In such case, i don't see how you misused the H1B.

[sameerguptha]

I heartfully appreciate your response shervin143,

now here goes a Valid Question

VO: Why did you employer apply for Consular Processing instead of COS which takes effect frm Oct 1st of Every year?
Me: I would tell him that I wanned to make a complete use of my OPT.

VO: why didnt you work for you H1B employer when he applied a H1-B visa for you . So r u telling me that that Comp A let you go and gave you the freedom to work for any company even if they have applied for your H1-B?
"I mean would he not expect me to work for Comp A which sponsored me a H1-b (on Consular Processing) even if I am on my OPT. I mean wht will be the use of he sponsoring me a H1-B visa then if I dont work for him."

[shervin143]

VO: Why did you employer apply for Consular Processing instead of COS which takes effect frm Oct 1st of Every year?
>>> H1B petition is an employer based petition. Whether they apply for consular process or COS is upto them. You will not be question about the decision that the company made. Your responsibilty is to work for the H1B employer after legally changing your status from OPT to H1B. If you haven't done that, then the VO would expect you to have maintained you current OPT status correctly.

VO: why didnt you work for you H1B employer when he applied a H1-B visa for you . So r u telling me that that Comp A let you go and gave you the freedom to work for any company even if they have applied for your H1-B?
"I mean would he not expect me to work for Comp A which sponsored me a H1-b (on Consular Processing) even if I am on my OPT. I mean wht will be the use of he sponsoring me a H1-B visa then if I dont work for him."
>>> Just because the company filed your petition, it doesn't mean that you have to work for them. You are not bonded by any means to continue to work for an employer because the petition is filed. Any number of employer can file the H1B petition of your behalf. In such case, will you work for all the employer at the same time because they all filed your petition? You are technically NOT AUTHORIZED to work for Company A as the H1B was approved for consular process. No VO is going to expect you to work for Company A when the H1B was approved as a Consular process. If you have done that, then it is illegal. Your only bet here is to convince the VO that you worked for Company A on OPT.

The valid question however might be, why do you have to work for Company B through a consulting firm Company A when you are in OPT.

[sameerguptha]

I was working for comp B thru comp A bcos comp B cannot sponsor me a h1 visa and thus they said they could hire me as a contractor instead thru some company which can sponsor me a h1 visa, but wait I thnk I have another question for you, While ur online let me ask you this thing, I didn't even have a chance to work for comp b while I was on opt either so would that b a problem

[shervin143]

You are not getting the point. You were never on H1B. Whether Company B can sponsor you H1B or not is a different story. I don't know what you mean by saying that you were not able to work for Company B when you are in OPT. I thought you are working for Company B right now. And you are in STILL OPT status since your H1B is NOT effective.

You are really confusing things here. Better to consult an immigration attorney.

I was working for comp B thru comp A bcos comp B cannot sponsor me a h1 visa and thus they said they could hire me as a contractor instead thru some company which can sponsor me a h1 visa, but wait I thnk I have another question for you, While ur online let me ask you this thing, I didn't even have a chance to work for comp b while I was on opt either so would that b a problem