W2 forms for H1B Visa stamping

[manishqs]

Hi All,

I am a new user.This is the first time i am posting something in this forum. so the question is regarding one of my friend. He is having questions regarding H1b Visa Stamping.

He came to US in May 2008 on H1 visa, and he was on bench with out pay for most part of 2008 and 2009. But from 2010 onward he was on job till date. He got an H1visa extension approval and he is going to India in October, so he has to go to Stamping. He has got all the recent pay stubs and 2010 W2 is good. He works in Employer Client Model i.e his employer is the Prime vendor for the client,and he has the client letter, but i guess there is a problem because the amount on 2009 and 2008 W2 is less.

But wanted to know from the experts, is there any way out so as to get successful H1 extension stamping.

And weather it would help if he goes to stamping in Mexico/Canada instead of India.

Your quick response is highly appreciated.

[manishqs]

Please Respond as it is urgent.

[sanjivvinaik]

If VO just check recent docs then it should be fine but if VO check last 3 years of W2 and tax return then the visa will be dinied.

[manishqs]

Will it help going to canada/mexico for stamping,rather than india in this scenario.

[sanjivvinaik]

No, it will not make much difference because 3 years docs is normally every consulate / VO checks, but you can be lucky.

[manishqs]

If we carry only the Recent W2 and not the Previous years W2s, and we mention to the VO that i am not carrying the previous year W2s, will it result in a 221g?

[sanjivvinaik]

you can take your chance. It depends on VO mood if he is okay with that then NO issue and if he wants to see them then 221G will be issued to you.

[pontevecchio]

Nothing will help if the Employer has been on the USCIS radar. Only one way to find out. Go and apply.

[appa.takkar]

@manish

People who have been in the US righfully/legaly for 10 yrs with all proper documentation have received 221g's and have had their visas rejected.

Your friend has been in the US without working on a H1B which is completely illegal. There is a very high chance his visa will be rejected. If you do not produce a document that the consulate asks particularly documents like W-2, they absolutely will give you a 221g.

[vmme]

Hi Manish

I'm in the same shoes as you. My W2 for 2009 shows less salary than my LCA but 2010 W2 and 2011 paystubs are in good order.

From what I've heard, I would avoid places like Matamoros Mexico. I've heard that Tijuana is much better in this regard.

Keep in touch and let me know how you stamping goes, when were you planning to go?