Legal Question in Immigration Law in New Jersey

I got my H1B in the year of 2014 and H1B start date was 1st Oct 2014. Please note it was a change of status from H4 to H1B. From Oct 2014 to Jan 2015 I did not got paid as my employer had no projects.I was out of status for 4 months and I do not have the W2 for the year 2014. At that time I was not aware what is out of status and its consequences, So I never argued with my employer to pay my salary. Since February I am getting paid regularly. Recently I spoke to my employer and they informed that they are ready to pay for those 4 months but it is not possible to provide 2014 W2 as tax cycle is already closed and the pay will be current date. Requesting you to suggest it it OK if i receive the pay now for those months with payslips and without a W2 for the year 2014. As per the incomes will be counted against 2015 earnings and the income will show in 2015 W2 though it is for 2014. Please let me know what be consequences in future because of missing W2 for year 2014. Please note though I did not had W2 I filed IT return as joint with my wife.

Asked on 10/13/15, 9:25 am

Rahul Manchanda, Esq. Manchanda Law Office PLLC

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Please call me at (212) 968-8600 to discuss your case and matters. Kind regards, RDM

Answered on 11/07/15, 2:34 pm

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