H1b Stamping without W2

[ari_meta8]

Hi All
I am H1b visa since Oct 2008. I have W2 for W2 for 2008.

I was not working in 2009 , So I do not have any W2 for 2009.

I worked whole 2010 and I have W2 for 2010. Now I am planning to go for H1b stamping .

Any suggestions , how can I overcome this situation OR how should I answer if consulate officer asks me for 2009 W2

Thanks

Arvind

[shervin143]

Well, if you were in H1B status in 2009 and if you did not work and get paid, then you are out of status on H1B. If the consulate asks for 2009's W2, there is nothing much you could do other than to produce it. When you are in H1B status, you need to work and get paid and have a W2 by the end of the year. If an employer is unable to pay you, then you should complain to DOL and make them pay which will help you clear the out of status issue.