H1B Transfer but no w2 HELP!!


amitwadhawan

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Posted

I came to USA on H4 in 2012 got my h1b starting oct 1st 2012, i didnt got job till feb 2013

now i got job in march , client is cognizant New York and wants me to transfer h1b in couple of months, opportunity looks good but i dont have w2 from last year for transfer of h1b ,i will have my paystubs in coming two months, what to do? is it possible to transfer with no w2??

HELP!!

Posted

You know you had to be paid whether you worked or not. File with the DOL for your back wages. You continue to make terrible mistakes if you are waiting on your current client to transfer H1B.

Posted

That time period was counted as unpaid vacation

Their is nothing called 'unpaid vacation'. Just ask anyone of your colleague at your current client who is on H1.

You need to get PAID every month that's what your employer mentioned in the LCA.

Only option, file a complaint against that employer, if not you will be in trouble.

Posted

"That time period was counted as unpaid vacation "

=> Was this vacation pre-approved? Did you get the approval for this vacation from your manager? If yes for both, documentations? USCIS will be interested in these things.

If you can't satisfy, you were out of status and involved in immigration fraud as you provided falsified information in immigration matters.

Posted

That time period was counted as unpaid vacation

There is no such thing on H1.

On H1, you need to get paid ALL THE TIME. And the employer knows it.

File a complaint with DOL on form WH4. The DOL will make the employer pay you.

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