Alternate for W2

W

Wrangler

Registered Users (C)
Hi All,

Most of the time RFE would be issued for EVL, Paystubs, Tax returns & W2.
We all could produce EVL, Paystubs & Tax returns. However for 2002 out of 2 employers I worked, only one has sent me the W2. So I used my last paystub for the other company and filed my taxes.

Even though I have my(applicant's) copy of the tax returns, will that be acceptable or do I need to get a copy of Tax returns from IRS (they charge $ 39.00 for a copy)

Please advise...
 
Wrangler said:
Hi All,

Most of the time RFE would be issued for EVL, Paystubs, Tax returns & W2.
We all could produce EVL, Paystubs & Tax returns. However for 2002 out of 2 employers I worked, only one has sent me the W2. So I used my last paystub for the other company and filed my taxes.

Even though I have my(applicant's) copy of the tax returns, will that be acceptable or do I need to get a copy of Tax returns from IRS (they charge $ 39.00 for a copy)

Please advise...
Click to expand...

Hi Wrangler,

I am also in the same boat.My employer did not pay me for whole year and i dont have W-2 for 2002.

I dont know what to do if RFE comes.Hope not to.BTW what is EVL stand for ?

Thanks
 
Wrangler said:
Hi All,

Most of the time RFE would be issued for EVL, Paystubs, Tax returns & W2.
We all could produce EVL, Paystubs & Tax returns.

However for 2002 out of 2 employers I worked, only one has sent me the W2. So I used my last paystub for the other company and filed my taxes.
------------ I would call up the company and demand the W-2. It is illegal for them to not send W-2's even if you got $1. You can always ask the company to resend the W-2 for that year. Do it now..

Even though I have my(applicant's) copy of the tax returns, will that be acceptable or do I need to get a copy of Tax returns from IRS (they charge $ 39.00 for a copy)

Please advise...
Click to expand...
 
panch said:
Hi Wrangler,

I am also in the same boat.My employer did not pay me for whole year and i dont have W-2 for 2002. ----------- You should have taken a H1-B transfer to another employer. If they send an RFE you are in big trouble so is your employer since he violated the law by not paying you and you have been out of status for a whole year which results in an automatic 3 year ban. Watch it!!!!!!!!

I dont know what to do if RFE comes.Hope not to.BTW what is EVL stand for ?

Thanks
Click to expand...
 
hathwar,

My first employer for 2002 is no more in business. We were not able to reach them to obtain W2 during early 2003 and that's why filed he taxes using last pay stub from that company.

Now even though I have my(applicant's) copy of the tax returns for 2002, will that be acceptable or do I need to get a copy of Tax returns from IRS?

Pls advise....
 
Hathwar,

What is 3 year ban?

Also can he file a complain against his employer and appeal to INS to adjudicate his case accordingly as it wan't his fault?

Thanks,
 
hi UN

unitednations said:
let's not get carried away.

If one is out of status and they have overstayed between six months and a year then you will not be able to adjust status and if you leave the country, you would not be able to come back for three years. If you were out of status for more than one year then you could not come back for ten years.

Now, the w2 issue.

There is a big difference of not getting paid, not working and violating h-1b status. If you were layed off and an employer/employee relationship didn't exist then you are in big trouble.

However, if you got paid and an employer/employee relationship existed but you didn't get a w2 or paystubs then the onus would be on your that you didn't violate status. One way to do that would be to complete and file the 4852 form. At least you would be able to say that you paid taxes on these earnings.
Click to expand...


What is 4852 form ? How we can fill this.
How we can show to CIS that we were worked for that employer without showing W2 or Paystubs ?

Thanks
 
unitednations said:
let's not get carried away.

If one is out of status and they have overstayed between six months and a year then you will not be able to adjust status and if you leave the country, you would not be able to come back for three years. If you were out of status for more than one year then you could not come back for ten years.

Now, the w2 issue.

There is a big difference of not getting paid, not working and violating h-1b status. If you were layed off and an employer/employee relationship didn't exist then you are in big trouble.

However, if you got paid and an employer/employee relationship existed but you didn't get a w2 or paystubs then the onus would be on your that you didn't violate status. One way to do that would be to complete and file the 4852 form. At least you would be able to say that you paid taxes on these earnings.
Click to expand...

Hi UN,

Thanks for your explanations.I still have few questions:

1. I had employer/employee relationship.He did not lay me off but he did not pay also.So I dont have any W-2 for 2003.I had valid H1B from him.

So what I am suppose to do if I get an RFE etc? Please help

Thanks
 
unitednations said:
let's not get carried away.

If one is out of status and they have overstayed between six months and a year then you will not be able to adjust status and if you leave the country, you would not be able to come back for three years. If you were out of status for more than one year then you could not come back for ten years.

Now, the w2 issue.

There is a big difference of not getting paid, not working and violating h-1b status. If you were layed off and an employer/employee relationship didn't exist then you are in big trouble.

However, if you got paid and an employer/employee relationship existed but you didn't get a w2 or paystubs then the onus would be on your that you didn't violate status. One way to do that would be to complete and file the 4852 form. At least you would be able to say that you paid taxes on these earnings.
Click to expand...

UN,

When I called IRS last year, they said if you did not earn anything in 2003, then you will not having W-2 and the there is no need to file taxes.(I dot know if this is correct for H1B holders)

I know if you are not working for 1 year but you still have employer/employee relationship.Please advise in this issue.

thanks
 
unitednations said:
irrespective of immigration issues; you should be paying tax, social security in those earnings. If you think USCIS is tough wait until you have to deal with the IRS.

Now, to immigration issues, you should complete the form and send in to IRS, and pay the tax and then if USCIS asks for w2's send in that form.

It is better to send the form now to IRS rather then waiting for uscis to ask for it. They get a little suspicious when they see that you may have only completed that form because you got an RFE.
Click to expand...

Hi UN,

Suppose I send this form 4852 now for 2003, will they ask me anything?
 

Hi Hatwar,

Is this 3/10 year ban on both me and my employer or just on me bcos he did not pay me whole year?
 
Hi All,

When I filed my 2002 taxes I didn't do it thru form 4852 for the 1st employer who didn't provide me W-2. Just included the last pay stub from that employer and added up to the total wages for that year.

Now if USCIS issues an FRE for W-2, should I provide my(applicant's) copy of the tax returns or do I need to get a copy of Tax returns from IRS using form (IRS: 4506) or do I turn in form 4852 now to IRS for tax filed in 2002 ?

Please advise.
 
Wrangler said:
Hi All,

Most of the time RFE would be issued for EVL, Paystubs, Tax returns & W2.
We all could produce EVL, Paystubs & Tax returns. However for 2002 out of 2 employers I worked, only one has sent me the W2. So I used my last paystub for the other company and filed my taxes.

Even though I have my(applicant's) copy of the tax returns, will that be acceptable or do I need to get a copy of Tax returns from IRS (they charge $ 39.00 for a copy)

Please advise...
Click to expand...

You don't need a copy of your tax returns from IRS. You can order a transcript of your tax returns and that is free of cost. USCIS accepts these transcripts.
 
I did received the transcript and it doesn't show the 1st employer data. That's why I would like to know whether my(applicant's) copy of the tax returns will be acceptable or do I need to get a copy of Tax returns from IRS using form 4506.
 
Guys......Please advise as I need to collect the required documents and have it ready as it would take 60 days fro IRS to send it..
 
Hi All,

My CPA has advised my(applicant's) copy of tax returns for 2002 is sufficient enough, if USCIS is requesting for W-2 and it is not necessary to obtain IRS's copy thru form 4506. What do you guys think?

Please advise
 
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