Low wage in W2 in 2010 with prev employer..Is it a problem?

[varunp]

HI

I have got my first H1 in 2009, I have paystubs for that until Dec and also W2.

I was on bench for first 4 months in 2010 until April and changed my employer in May .so now my 2010 W2 has only 36k.

what should i answer visa officer if he says why i have my W2 for only 36k.

Any valuable advise is highly appreciated! Thanks

[JoeF]

Why didn't you file a complaint?

You may end up having problems.

And of course, NEVER NEVER NEVER lie to an immigration officer. A lie could result in a permanent ban.

[rahul412]

HI

I have got my first H1 in 2009, I have paystubs for that until Dec and also W2.

I was on bench for first 4 months in 2010 until April and changed my employer in May .so now my 2010 W2 has only 36k.

what should i answer visa officer if he says why i have my W2 for only 36k.

Any valuable advise is highly appreciated! Thanks

If your pay in W2 is less than what mentioned in LCA then that's a problem.

Remember, your pay should not be less than the amount mentioned in the LCA.

[onemoresuggestion]

Is this above the LCA, and petition mentioned amount if so its not a problem. Else I would suggest checking more blogs as far as I know it will be a problem if its less than the LCA and petition

[varunp]

Is this above the LCA, and petition mentioned amount if so its not a problem. Else I would suggest checking more blogs as far as I know it will be a problem if its less than the LCA and petition

It matches my LCA that is filed by new employer in May 2010. BUt the first 4 months are with prev employer LCA and that is not maching. This is the reason i changed it to new employer

Your employer should have paid you as that's the law, even if you are on bench you should get paid. File a complaint with DOL with the Gulti employer.

Thanks OMshiv..I will try now and file a compliant with DOL

If your pay in W2 is less than what mentioned in LCA then that's a problem.

Remember, your pay should not be less than the amount mentioned in the LCA.

Rahul - From Oct 2009- April 2010- I was with ABC company( I have W2 for 2009, but not for the 2010( Jan- Apr)-prev employer

From May 2010-till date- I have all paystubs/W2 in place with XYZ current employer

My only concern is for not having W2 for the first four months in 2010 . and also not sure what i can explain for this question to VO

Why didn't you file a complaint?

You may end up having problems.

And of course, NEVER NEVER NEVER lie to an immigration officer. A lie could result in a permanent ban.

@ Joe F-I wasn't sure that time about this and realized recently when i saw VO asking questions about less wage in W2.

I will now check the possibility of filing complaint with DOL. also can you advise if this would be a reason for rejecting my case? if i go for stamping in Canada

please note that I have all W2'S and taxreturns in place with my new employer and i have no issues.

[rahul412]

Rahul - From Oct 2009- April 2010- I was with ABC company( I have W2 for 2009, but not for the 2010( Jan- Apr)-prev employer

From May 2010-till date- I have all paystubs/W2 in place with XYZ current employer

My only concern is for not having W2 for the first four months in 2010 . and also not sure what i can explain for this question to VO

File a complaint against that employer before attending the interview.

Just tell the VO what happened during that period.

[onemoresuggestion]

It matches my LCA that is filed by new employer in May 2010. BUt the first 4 months are with prev employer LCA and that is not maching. This is the reason i changed it to new employer

Thanks OMshiv..I will try now and file a compliant with DOL

Rahul - From Oct 2009- April 2010- I was with ABC company( I have W2 for 2009, but not for the 2010( Jan- Apr)-prev employer

From May 2010-till date- I have all paystubs/W2 in place with XYZ current employer

My only concern is for not having W2 for the first four months in 2010 . and also not sure what i can explain for this question to VO

@ Joe F-I wasn't sure that time about this and realized recently when i saw VO asking questions about less wage in W2.

I will now check the possibility of filing complaint with DOL. also can you advise if this would be a reason for rejecting my case? if i go for stamping in Canada

please note that I have all W2'S and taxreturns in place with my new employer and i have no issues.

I would suggest help from a Lawyer to answer your question, may cost you some amount but will be worth the cost

[rangadu]

How did your H1 for new employer get approved without paystubs in 2010?

1. There is a decent chance that VO may not ask 2010 W2, if you show him more recent 2011 and 2012 W2s. In that case you are saved but you cannot count on a chance.

2. AFAIK DOL complaints for non payment of wages need to be filed within 12 months. You are probably a bit for that now. But find out from a lawyer to be sure.

3. You were clearly out of status for those 4 months. But you took the right course of action in leaving that employer. And you have been maintaining your pay and status with current employer with no breaks. Your best hope is to explain that to VO in case he asks for 2010 W2.

As above poster suggests, good to get legal advice on this.