no w2s on opt period..stamping

[Harishsurapaneni]

hi

i have no w2s for the year 2012 i was on opt.my opt started jan 4 2012.i did not find a project . i started working from 2013 jan and i have all pay stubs from then till date. i am planning to go visa stamping in the next month... what if the visa officer asks for w2s for 2012 ??/can i say i was on training period during that time??

[jairichi]

hi

i have no w2s for the year 2012 i was on opt.my opt started jan 4 2012.i did not find a project . i started working from 2013 jan and i have all pay stubs from then till date. i am planning to go visa stamping in the next month... what if the visa officer asks for w2s for 2012 ??/can i say i was on training period during that time??

Should not be a problem as long as you have proper documents to prove that you were actually working in 2012 using employer's letter, time sheets and other related documents.

[Harishsurapaneni]

Should not be a problem as long as you have proper documents to prove that you were actually working in 2012 using employer's letter, time sheets and other related documents.

I did not have any project in 2012... I worked only from 2013... I was on opt in 2012 ... What if they ask me w2s for 2012.... ???...can I say that I was on training period ... I was with one employer but on training for that year as I did not find any pr

[catx]

From your posts it appears that you were not working for 2012 regardless of having an 'employer', so you had more than 90 days unemployment when on OPT employment authorization.  This voided your OPT.  Further, telling immigration officials you were "training" (for an entire year), when you weren't is a lie, immigration fraud, illegal, and can result in an entry ban.  I doubt you qualify for a visa.  Your best bet is to consult with a qualified, experienced immigration attorney -- and find a full-time job with a real, reputable employer.(and not some fraudulent 'consulting company').

[jairichi]

I did not have any project in 2012... I worked only from 2013... I was on opt in 2012 ... What if they ask me w2s for 2012.... ???...can I say that I was on training period ... I was with one employer but on training for that year as I did not find any pr

It is not necessary that you have to be paid during your OPT period. During OPT you could even work as unpaid volunteer. If you were under training with employer you need enough documents to prove it. Otherwise forget about your visa.

[JoeF]

On training for a year? Unless you have actual proof for it, you can not say that.

A lie would result in a lifelong ban.

[Harishsurapaneni]

From your posts it appears that you were not working for 2012 regardless of having an 'employer', so you had more than 90 days unemployment when on OPT employment authorization. This voided your OPT. Further, telling immigration officials you were "training" (for an entire year), when you weren't is a lie, immigration fraud, illegal, and can result in an entry ban. I doubt you qualify for a visa. Your best bet is to consult with a qualified, experienced immigration attorney -- and find a full-time job with a real, reputable employer.(and not some fraudulent 'consulting company').

i am having a full time job from 2013 jan ... My problem is I did not have a pr

[Harishsurapaneni]

I am working full time from 2013 ( on opt extension) ... And mine is a reputed employer... For the year 2012 I did not have a project so I was not paid ... And I am planning to go for visa next month ... Is it a safe bet to wait till feb get the w2 for 2013 and go for visa ???... In case if they ask w2 for 2012 what would be my situation ?? ...

[Harishsurapaneni]

From your posts it appears that you were not working for 2012 regardless of having an 'employer', so you had more than 90 days unemployment when on OPT employment authorization. This voided your OPT. Further, telling immigration officials you were "training" (for an entire year), when you weren't is a lie, immigration fraud, illegal, and can result in an entry ban. I doubt you qualify for a visa. Your best bet is to consult with a qualified, experienced immigration attorney -- and find a full-time job with a real, reputable employer.(and not some fraudulent 'consulting company').

i do have a full time job now with a reputed employer... But it's from 2013 jan till date...

[jairichi]

i do have a full time job now with a reputed employer... But it's from 2013 jan till date...

So, what were you doing for one full year in 2012?

[Harishsurapaneni]

So, what were you doing for one full year in 2012?

searching for a project... And also had to travel twice to India due to family health issues... That travel period is for 3 months all together

[jairichi]

searching for a project... And also had to travel twice to India due to family health issues... That travel period is for 3 months all together

One year looking for a project? That wasn't wise on your side. You actually violated OPT. I doubt you will get your visa approved. 

[catx]

searching for a project ...

 

With a real, reputable employer it is not the employee's job to "search for a project".  It is the employer's responsibility to find and secure projects and then assign employee's to work on those projects.

[Harishsurapaneni]

With a real, reputable employer it is not the employee's job to "search for a project". It is the employer's responsibility to find and secure projects and then assign employee's to work on those projects.

the employer A could not find a project on time for me so I shifted employer B and could get a project from jan2013... But both the employers are reputed and real... What is the best time for me to go to visa in my case .. After getting w2s?? For 2013

[t75]

How dis you get OPT-EXT when you were unemployed for more than 90 days?  What did you tell your DSO or is your sponsoring university one of the suspicious ones?

[catx]

the employer A could not find a project on time for me so I shifted employer B and could get a project from jan2013... But both the employers are reputed and real... What is the best time for me to go to visa in my case .. After getting w2s?? For 2013

 

An employer cannot be reputable if they hire an employee without enough project work for them and then not pay the employee because they do not have the project work.  Speculating with an 'employee', even if on OPT employment authorization, is hardly reputable.  It is a dishonest business practice, that all too many people on F-1 employment authorization, H-1B, and even L-1B visas enable by accepting it as okay.

[Harishsurapaneni]

How dis you get OPT-EXT when you were unemployed for more than 90 days? What did you tell your DSO or is your sponsoring university one of the suspicious ones?

I was under training period ... The employer could not find a project for me .. I changed employers and got a project right away but one year I was under employer A just under training .. Was not paid ... I changed to employer B as employer A could not find any project for me ... I updated my employer A details with dso as soon as my opt started .. And also updated as soon as I changed to employer B .... My problem here is with employer A I was not paid for one full year ... I had to change to different employer who could actually find me a project ... I did not face any queries on opt extension or H1B filing ... I want to go for stamping which will be the best time to go??