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W2 issue for H1 stamping

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  • W2 issue for H1 stamping

    Hi,

    I got my H1 on October 1st 2009 and started working from Jan 2010. I have pay stubs from Jan to till date.I am planning to go for H1B stamping on November and I don't have W2 yet. Please advice what to do ? . Like getting a letter from employer saying my start date from Jan is enough??

    Thanks in advance

  • #2
    If your H1B effective date was Oct 1st, then you should be working and getting paid as of October 1st 2009. If you don't have pay slips between October to January, then that period will be considered as out of status on H1B. Irrespetive of whether you were on a project or not, should be getting paid when you are in H1B. If the VO asks for the W2, then you will be in trouble.

    Go through the below links when you get time


    https://www.immihelp.com/h1b-visa-em...int-procedure/
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Yeah i understand your point,but i got my SSN in mid of November only and my client gave the start date after New year holidays .

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      • #4
        That should not matter. H1B is not tied to any client. Irrespective of whether you had a project or not, your employer should pay you when you in H1B status. The employer cannot generate pay slips until you get the SSN. However, once after getting the SSN, they should have paid you from October 1st and you should have pay slips for that period (Even if that payrol was run in the end of November). You still need to have a W2 matching your LCA.

        Originally posted by Vani_Thiru View Post
        Yeah i understand your point,but i got my SSN in mid of November only and my client gave the start date after New year holidays .
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          So now what is the solution you suggest for me ?.I am very confused and stressed.

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