I came to the USA on H1B spent 10months in 2016, but my Employer has given W2 only for 5 months. When I ask why W2 shows only for 5 months than 10 months, Employer answered they RAN only for 5 months.
In the 10 months duration, I asked multiple times whether payroll is running or not - they answered it was running. I do have email proof also for this. But W2 is showing/given only for 5 months.
Employer says once W2 is generated we can’t do/modify anything and DON’t ASK AGAIN THAT.
Kindly suggest how do I get correct W2 and will it be any problem for me in the future…?.
Addition to it, I got frustrated(they will not give Payslips on monthly basis, gives only once for year no matter you are in job or not. Not only to me he does same with every consultant in our company) with my Employer and looking for H1 transfer. That is the reason 15 years old company but only around 15 consultants are working.
Is it any problem If I do H1 transfer before I get the corrected W2.
Your question itself raises a lot of suspicion. Were you working for 10 months? Were you paid for all 10 months? Were you receiving pay for all 10 months? If answer is YES to all those questions, then your employer must issue W2 for so many days. Also he is true once W2 is generated it is very difficult to regenerate it as involves a hell lot of work and will impact all employees in the company with their taxation.
I am in USA for 10 months but worked only for 5months and w2 has only 5 months.But as per rule every month pay roll should run right…?, they were agreed to run payroll when I was asked joining the company.
If your employer runs salary for 10 months, then he has to pay employer tax for 10 months and no employer pays from his packet. If you were employed only for 5 months either they treat the non-employment period as sick leave or pay the employer taxes which they cannot due to financial implications. Some practices cannot be discussed here and hence limiting my answer.
Let me clear my Q:
I am in usa since 10 months but the employer has give w2 only for 5months, so it is wrong. So will it be any problem in the future for me…?
Its mistake of EMPLOYER no matter am working or not, he has to run payroll for all their consultant excluding initial 45 or 60 days.
I am very clear with your question, though you are with them for 10 months they ran the salary only for 5 months. You are saying that legally they should run for 10 months. There is a legal way on why someone won’t run for part of the period and you cannot complain. Also you mentioned that you worked only for 5 months and not for 10 months, not sure why you are insisting on running for 10 months. If they run for 10 months when you have worked only for 5 months you are going to loose big time. Your employer is doing the right thing not putting you in trouble and he is not getting into trouble. Please note that I have an employee who was sick for 6 months and I ran the salary only for 3 months in a particular year. It is possible just so you are aware.
By the way if you want to transfer H1, let me know we can discuss and talk about it. I missed the part that he was not giving monthly pay stubs, which is incorrect. We can discuss more as you may want to, to know more about our organization and details.
what is the FORMAL proof that i was sick in that period?. so in future, any time USICS or any officials ask why there is a mismatch in w2 then how can i answer…?
I always said to my employer, I ll give money but run the payroll. Still they didnt do
I am taking ATTORNEY help, they are saying you are on h1, you shud always get paid by employer
Ideally yes, they should pay you, it is also illegal for you to pay and ask them to run your salary. Both of you will be in trouble, best way is to apply for sick leave on those days when he has not paid you the salary and get out of that company as soon as you can. Legal case is going to land both you and your employer into trouble.
You did not ans my question,
what is the FORMAL proof that i was sick in that period?. so in future, any time USICS or any officials ask why there is a mismatch in w2 then how can i answer…?
My frustration is peeks. ready for anything, decided for everything.
Sam, please note that I have nothing to gain or loose by advising your case. Your legal battle is going to hurt both you and your employer, I don’t know who your employer is and who you are either. Don’t make the decisions in frustration. If I were you I would just change the employer without any clue to the current employer. I am not an employer just so you know, but I work for a company that grew from 40 to 200 in less than 4 years, and act as adviser to them.
Your employer can say that you were sick and hence could not apply for leave. As a proof, he can say that you did not submit timesheets for that particular period. Also you cannot claim that you submitted timesheets for that period, as simple as that.