RFE for W-2 forms, I-140 denial due to late Tax return?

baran_shatru

New Member
My employer had filed an I-140 petition on my behalf with
CSC under EB3 category using LC substitution in July,
2002. Last week I have got an RFE requesting my
education certificate and salary receipts. This seems
to be a normal request however INS has also requested
my W-2 forms for last 2 years. Does INS typically asks for
W2 forms too?

Now I suspect that RFE for W2 forms is send since
I had not filed my last tax returns within the specified
time. I had just taken care of this last week and I
have submitted my Tax returns with all the late
fees and penalties.

Now my question to some of you gurus are
A. Does late filing of Tax returns will result in denial of
my I-140. Should I start packing my stuff since
I will have to pay the price of my carelessness.
I am in my last year of my 6 years limit and
currently waiting for my H-1 extension. I have
an approved EB-2, I-140 with my previous
employer.

B. Does INS typically verify your Tax records when
taking a decision on your petition.

C. Will it help (if at all possible) to provide the latest
information of my Tax returns to INS indicating that I
have completed this process. So far my Tax
consultant has indicated that apart from a greater
chance of being audited by IRS in future and
a possible recalculation of penalties by IRS I am
done with my Tax issues as of now. Do I need to
update my immigration lawyer with my Tax status.

Thanks in advance.
 
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