Low Income on the W2 form - urgent

bpuligan

Registered Users (C)
Here is a situation of my friend

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Please help, its urgent ...
I graduated from MS and joined PhD. So, OPT is not applicable to me. I
quit PhD and got H1 sponsored. So, I converted from F1 to H1 in Jan 2004. I got a project in April 2004. From Jan to April (3 months), I was on bench and did not get paid. So, I am on H1 pretty much the full year but am getting paid only for 8-9 months. I have to go for stamping for 1st time after change of status. I have the following concerns:

1. I heard that a person on H1 should have a minimum yearly pay of
around $45K. In my case, because of the 3 months period when I was not paid ... my income at the end of the year could be around $35K. If I go for H1 stamping in 2005, will the less income on W2 form cause any issues for
H1 stamping?
2. If I avoid the low income on my W2 issue by getting my visa stamped this year itself, will the W2 form cause problems in future say if I change H1 to a new company, apply for Green Card etc.
3. If practically such things are overlooked at the time of stamping,
how many months without pay or how much amount below $45K could be overlooked?
4. Also for the first time H-1B stamping in my passport, sshould I goto India or can I get it stamped in canada/mexico/etc.

Thanks a lot for help.
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Bill

There is no problem of minimum wages I believe because my wife is also on H1 teaching in High school,she went to India and got her visa stamped .Her salary is inly $.38000
 
Check your LCA

Check your LCA, which was applied before your H1. Which says what category you employed (Programmer or Sr Programmer etc) and what is the minimum wage. (Wage depends on which state you got employment) Minimum wage is different from each state. If CA is 45K, MO may be 30K for the same job position.
 
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