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Issues with W2 and Paystubs

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  • Issues with W2 and Paystubs

    Hi,
    I got my H1 transfered to a small company in Dec, 2007 and my H1 is about to expire next month (September, 2010) so I want to extend my H1 with the same company but have some issues with previous years W2 and pay stubs.
    I want to know whether those issues are serious enough to hamper my chances for extension with the SAME company.

    Joined the company in Nov, 2007 but got pay stubs for only last 3 months of 2008 (was 1/4 of my yearly pay)
    For 2009 pay stubs were consistent except for 3 months
    For 2010 had been consistent all through and with 10K more than that mentioned in my LCA.

    Please suggest.

    Thanks
    Prabhat

  • #2
    If your year to date pay (in your W2) is less than what is mentioned in your LCA, then it is a problem. The employer is suppose to pay you what was promised in the LCA.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      If your year to date pay (in your W2) is less than what is mentioned in your LCA, then it is a problem. The employer is suppose to pay you what was promised in the LCA.


      Shervin, Thank you for the reply. Its true that there is a problem in the first year but the past 2 years have been satisfactory, do you think its still an issue?

      Thanks

      Comment


      • #4
        It depends on whether USCIS will look into all these W2's while processing your petition. The same will happen when you go for visa stamping as well. Since the last 2 years of W2 is reflecting the correct wage, I guess you should be okay.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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