W-2 question

[PCN]

Hi,

I came on F1 and then converted to H1. Its been almost 3 years since I converted to H1. I have a visa appointment in Matamoros on Feb 28th for F1 to H1 conversion.

Now, My question is that my previous year(2003) income on W-2 is very less. Actually much lesser than the figure mentioned in LCA. But My W-2 for 2004 just about meets the income expectations. So I wanted to know how I can avoid showing this 2003 W-2 in the consulate. Would they ask specifically for 2003 W-2? Do you guys think I am doing ok in here...

Thanks,
Deepak

 

[yvjanardhan]

Hello there,

All US Consulates normally looks for past 3 years of income minimum including current year. So, if you are attending the visa in 2005.. you are required to produce the w2s & 1040s for 2004,2003 and all paystubs from the current year which is 2005. If you have worked before 2003 and had w2s and if they are less than the LCA figure, i would suggest not to submit them as it is a very risky business now a days. But if one of the required w2s show less income for that year than the LCA.. i would suggest taking an FMLA (Federal Medical Leave Act) letter from the letter covering the unpaid period. This is legal and employer can issue a FMLA leave for the whole year from what i read from Labor Department website. But you got to be careful with the supporting documents (doctor certificates, prescriptions and any other medical information) when you submit the FMLA letter. Hope it helps.

Good luck !

VJ

 

[sahiljcarora]

dont have the w3 for 3 months

Hello yvjanardhan

I have a question here, I came to US in Oct 2003 and wasnt on project so my employer didnt pay me and didnt even files my w2 but I have it for 2004.
Let me know if I need all the W2s since I came to US for restamping in Canada/Delhi
Sahil
sahiljcarora@rediffmail.com

Hello there,

All US Consulates normally looks for past 3 years of income minimum including current year. So, if you are attending the visa in 2005.. you are required to produce the w2s & 1040s for 2004,2003 and all paystubs from the current year which is 2005. If you have worked before 2003 and had w2s and if they are less than the LCA figure, i would suggest not to submit them as it is a very risky business now a days. But if one of the required w2s show less income for that year than the LCA.. i would suggest taking an FMLA (Federal Medical Leave Act) letter from the letter covering the unpaid period. This is legal and employer can issue a FMLA leave for the whole year from what i read from Labor Department website. But you got to be careful with the supporting documents (doctor certificates, prescriptions and any other medical information) when you submit the FMLA letter. Hope it helps.

Good luck !

VJ