H4 Wife - India visit and stamping - My W2 Question!

[h1bfile]

My this year W-2 is just USD $20k, got return USD$3500 becasue I not worked 3months somedays and now start working since last 8monhts, my wife going to visit India , her H4 already expiered and we have I797, is there any problem if Delhi visa office asked my wife for my W-2 and it's just 20k of last year W-2? so, she can get Re-stamping, our child is USA born (2 child both USA born) 1 is enrolled for school for next year after summer vacation, so my wife must be in the USA on H4, we never faced problem before our stamping , all W-2 was good but this last year we have bad W-2.
please seniors reply me that my wife will get re-stamp or any problem?

[shervin143]

If your W2 was not matching your LCA, then that really could be an issue. Were you out of status on H1B without proper pay? As per H1B regulations, your employer is suppose to pay you irrespective of whether he can put you on work or not. If you are in H1B and if you did not get paid accordingly, then it is a problem. In such case, whether the VO will issue her a visa or not is nobody's guess.

[h1bfile]

If your W2 was not matching your LCA, then that really could be an issue. Were you out of status on H1B without proper pay? As per H1B regulations, your employer is suppose to pay you irrespective of whether he can put you on work or not. If you are in H1B and if you did not get paid accordingly, then it is a problem. In such case, whether the VO will issue her a visa or not is nobody's guess.

yes, the last year pay not matched with LCA , I was not worked for some month becasue company closed IT department, they told us they will open after somedays , we wait but wait for long term.

One more query that if my wife will visit India next year with new W2 which will good and match with LCA then it's ok to go for stamping? becasue I guess Visa office will ask only latest paystubs and last W2 that time, so I have work for 3years now, so I am not worry about next year W2. what yopu say?

[shervin143]

Visa officer can ask upto 3 years of W2. It all totally depends on the VO. They have all records of what your W2 is for each year in their system. Things like these are hard to predict. Each case is different and each VO is different. A successful visa in cases like these totally depends on the individuals luck.

yes, the last year pay not matched with LCA , I was not worked for some month becasue company closed IT department, they told us they will open after somedays , we wait but wait for long term.

One more query that if my wife will visit India next year with new W2 which will good and match with LCA then it's ok to go for stamping? becasue I guess Visa office will ask only latest paystubs and last W2 that time, so I have work for 3years now, so I am not worry about next year W2. what yopu say?

[sgupta2011]

Re

It is advisable not to travel in case there are obvious concerns regarding the principal applicant's (H1-B holder) W2 or wages or for that matter any issue at all.
Especially if attending interview at New Delhi.

I would recommend to wait till all your documents are fool proof and also currently all E-V-C models are getting 221g whether its H1-B or h4.