Wage on W-2 less than Labor Wage.

[H1stamp2016]

Hi everyone,

I am in a state of panic, In 2009 I was working with a consulting firm and as the job market was very bad , was on bench for 6 months with out being paid. later I changed the company and moved to a good firm and eventually they applied my labor in 2011 and my labor got approved .and for filing I-140 my new employer asked for my W-2 FY-09. I asked my previous employer a letter of leave for the 6 months I wasn't paid and my old employer is not willing to give me the letter. Please help if some body is in the same boat.

Thanks

[JoeF]

This "leave of absence" letter won't work, anyway.

You should have filed a WH4 with DOL to get the money owed you. But that's too late now, since a WH4 has to be filed no later than 1 year after the H1 violation.

People here and elsewhere have posted for years that people on H1 have to get paid all the time. You ignore such posts on your own risk. Now you have to deal with the aftermath.

This is a lesson you learned the hard way: Law violations always come back to bite. So, always always always make sure that there are no law violations.

[H1stamp2016]

JoeF ,

thanks for the information. can you please tell me what should I do now. I can't change the Past.

thanks

[JoeF]

Trying to get a fake leave of absence letter or similar things would only make it worse.

Discuss your situation with a good immigration lawyer.