are W2s needed in GC processing

[prem bargav]

suppose your employer does not pay you because you are on bench.You still file taxes showing just a month\'s salary in a year.Technically,you are not legal since you are not getting paid,but since you still have a valid H1,you may start work if you get a project.Or even transfer if you manage to get pay for the current month even if you have to pay taxes of your employer yourself.This is all very fine in the H1 scenario.

What happens when you file your GC.are your W2\'s required at any stage?.If so,wont they give you away,that you were out of status sometime?.Any thoughts about this situation will be much appreciated.

Did anyone manage to get the GC even though being out of status like the above situation.

thanks,appreciate it.

 

[Jim Mills]

That\'s a good answer Joe and it may be correct but . . .

I\'ve wanted to handle one of these for some time to see if I could get the case approved with this approach:

The employee is illegally benched without pay by the employer. The employee is available for work and has not been terminated. Since the employee has not been terminated, and the H-1 has not been cancelled, the employer is required by law to pay the employee. Since the employer is legally required to pay the employee in this situation, the employee cannot be considered to be out of status. The employer\'s illegal actions cannot be deemed to have terminated the employee\'s status since if the employee\'s status terminated it would be illegal for the employer to pay a salary and the employer is legally required to do so under these circumstances.

The above seems perfectly logical to me but I have never had the opportunity to handle a case like this since I have been in-house counsel up until six months ago and the company never had this type of problem or the difficulties were remedied prior to H-1 "transfer".

What do you think?

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
jdmills@justice.com