H1 -B W2 less than LCA for 2015 due to LOA pregnancy


aman_v

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Hi All,

My wife is planning to go for stamping to India in may-2017. She is currently working with a large US based consulting company since last 6 months. She arrived in US on H4 visa and a consultancy applied for her H1b. We had a baby in 2015 due to which she took 4 months leave of absence and she did intimate her employer to confirm if any action is needed(FMLA was not applicable as it was less than 1 year of employment). Employer did not pay her for those 4 months neither communicated of any action to be taken so, her 2015 W2 is less than LCA. Will that be an issue while stamping if VO wants to see W2 from her previous employer for 2015 although 2016 W2 is fine? We were not aware of the concept of no leave of absence on H1b back then so she never asked her employer for salary for that period.  She later joined back to the project and was working through out.

Please help with any options!

 

Thanks!

 

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On 3/4/2017 at 11:52 PM, aman_v said:

Hi All,

My wife is planning to go for stamping to India in may-2017. She is currently working with a large US based consulting company since last 6 months. She arrived in US on H4 visa and a consultancy applied for her H1b. We had a baby in 2015 due to which she took 4 months leave of absence and she did intimate her employer to confirm if any action is needed(FMLA was not applicable as it was less than 1 year of employment). Employer did not pay her for those 4 months neither communicated of any action to be taken so, her 2015 W2 is less than LCA. Will that be an issue while stamping if VO wants to see W2 from her previous employer for 2015 although 2016 W2 is fine? We were not aware of the concept of no leave of absence on H1b back then so she never asked her employer for salary for that period.  She later joined back to the project and was working through out.

Please help with any options!

 

Thanks!

 

No issues. Take all the supporting docs for the 4 months LOA.

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Thanks for your reply! By supporting docs does that mean 2015 W2, kid's birth certificate and letter that she sent to employer for start of leave? Also, just to be little more clear there was no recommendation from the doctor on LOA. She does have salary slips from the same employer through out the year except those 4 months.

Thanks!!

 

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