Less W2

[Ramana]

I came USA with H1 status with Company A 2005. I don't have a job and earnings with company A. So i transfered H1 with company B. From that day onwards i have earnings. At the End of Year W2 only from Company B. I don't have any W2 from company A. My wife went H4 stamping in chennai.

Query : why W2 2005 having less earnings. They required explantion.

W2 --> 23.8K
Salary-->62K

Suggest me how can we go ahead this type of cases.

[Nishant]

How many months were you with company A on H1 during which you didnot get paid?

[Ramana]

Hi

I came USA on Feb 2005. I got SSN End of March 2005. Then I moved to Company B in Sept 2005.

But in this Case i have joined with client in july 2005. But Company B applied new petition in September 2005.

that means with Company A is :7 Months From the day of my entry to USA.
If We calculate with Sept 2005.

Note : I don't have any earnings from Company A and W2 also

[Nishant]

If a person has joined company A on H1B from abroad, only a maximum of first 60 days can be on bench beyond which employer must pay prevailing wages to H1B.

By not paying you for 7 months, the company has violated the law but that does not help you because we were out of status during this period.

I am concerned when period exceeds 6 months. Chances of getting H4 visa are lower because this longer period on bench unless you can prove that your loss of status was due to extraordinary circumstances.

[veena_swsh]

You will have a write an explanation for every period you have not received a pay, put the blame squarely on your previous employer. But what you need to re-affirm to the consulate is the fact that your pay now with the present employer is good and you can get, if possible, letters from your present employer appreciating your services. Its a tough case no doubt, but not impossible.