VISA Stamping and without W2 - URGENT HELP NEEDED PLEASE

USA H1B Visa
1

My spouse and I both are in H1. I am working as a Full time employee for the same organization for almost 6 years now. I have all the required documents - No problemMy wife got her H1 in 2014 thru a consultancy. My wife found a project in first week of Dec 2014 and working in EVC model till date. Her payroll was not run from Oct - Nov 2014 as she had no project. Her payroll was not in Dec 2014 as well, because her employer did not get the payment from the vendor. So he ran the payroll only at the end of January 2015 for December and in February end for January like that. When she asked her employer for W2, she was told that, she had to file as my dependent, because there’s no income for her in 2014. So when I filed the tax returns in early this year, I did Married Filing Jointly. Later in April she did not like working with that employer as they were not paying properly and transferred her visa to another employer.* Now that We both are going to India and we need to get H1 stamping. We will be booking 2 separate appointments for us.1. Would they ask for W2 / TAX returns during the VISA interview?2. Would our situation potentially raise any redflags and lead to Visa Denial for both of us or would It impact only her? Please shed some light on this. Thanks

2

It looks like due to tax issues that employer didnt generated her paystub for Dec2014.

  1. Its good to keep W2/Tax returns. if not keep paystubs must(atleast last 3-4 mnths). its fair enough.

  2. I don’t think its a problem. Most of desi consultancies used to do such fraud things.

In general you need not to worry at all. you can’t predict the things in case of bad luck.

Good luck!

3

I have a different response.

  1. She was out of status for 3 months as she didn’t get paid in 2014. She should have been issued payslips and W-2 for that period. Yes, they may ask for W-2 for 2014. It is also possible that they only ask for recent payslips and not worry about 2014 W-2. Totally depends upon the VO.

  2. It will only impact your wife’s case and not your’s

4

Thank you both for answering my query.

5

Thank you for your response.