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W2 Question (H1B Stamping)

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  • W2 Question (H1B Stamping)

    Hi Experts

    I am planning to go to Mexico for my H1 stamping, but i have some doubts regarding my W2.
    In 2009 i was in USA only for 5 months (Aug - Dec). So my W2 for 2009 shows less salary. I was out of country for some personal situation. I have all the paystubs of 2010 till date.
    My W2 for 2008 is ok, it does have full salary.

    I also changed my employer in May 2010 (which is a good/big financial company). I also got my H1B approved from this new company till 2013.

    Now my question is that, as my W2 shows less salary for 2009, will it be an issue in stamping? Could it be a reason in rejection/cancellation of my visa if i go for stamping in Mexico?

    Should i go for stamping this year or just wait for another year, so that i will get W2 for 2010 and then go for stamping?

    As a side question, is it advisable to go to Mexico for stamping in this situation or should i go to my home country (India)?

    Please advice...

  • #2
    The problem will arise only if your were inside the country on a valid work visa, but were on bench or without a job. If you are in U.S on a work visa, then you need to get paid as per your LCA and your pay slips and W2 should reflect that. Your W2 doesn't need to reflect what you did outside the country.
    Not a legal advice. Use of this information is strictly at your own risk.