I-140 RFE - Asking my Tax Returns

[OneGCPlease]

UnitedNations,

Long time Reader...First Time participant. You are doing a great service by helping all of us. Here is my predicament.

I applied for i-140 & i-485 concurrently. I got RFE on I-140. They ask for "Ability to Pay", "Experience letter from previous companies" and my "Tax returns and w2 from 2001 to 2003". I don't have any problem in giving 2002 & 2003 tax return. My problem is 2001. The IT market was pretty bad in 2001. I didn't get a job the whole year. So i didn't get paid and I didn't file tax return. What should i do now? How should i respond?

(Background details on 2001... Jan to March, I was in India. April to Sep, I was in U.S. but no job. Oct to Nov, I was in UK on work permit looking for a job. But no luck. I came back on Dec.)

Looking for your insights.

 

[OneGCPlease]

Thanks for your prompt reply.

Here is my background. From Aug 99 to Dec 2001, I was with the company X. Jan 2002, I left the company as they couldn't get me a project. I returned to X in 2003 May and applied for 140 & 485 concurrently on Feb 1st 2004 using substitute labour. So I don't know the labour's priority date. I don't know about the company's ability to pay either. There would be atleast 50 employees. My employer said, he is preparing the documents and will send them to attorney soon. BTW, he was asked to produce the tax returns from 2002 and 2003.

Talking to Attorney, he says, INS doesn't require your tax returns. We can send whatever we have. I am very unconfortable with his decision.

I didn't understand certain part of the message. could you please elaborate?

That is the issue that could come up if the company has ability to pay without getting credit for amounts due to you.

Obviously, since you weren't working with any company then you could try to answer the RFE that you were not paid by the company in 2001 and any amounts paid to you, you would not get credit for ability to pay.

I got my AP,EAD & FP on April 2004.

 

[OneGCPlease]

UnitedNations,

Thanks for the response.

What do you suggest? Which one would save me?

1. As you mentioned, not sending any tax returns except 2003(I worked with X in 2003) and explaining to them that since i didn't work for them, company x would not be able to use for ability to pay. (Won't they get irritated if we don't send them what they asked for and tell them we don't need to?)

2. Sending what I have(2002 & 2003) and hoping that they won't 'notice' the missing one. (Employer needed to send only 2002 & 2003 tax returns)

3. Sending all the tax returns from 1998 to 2003(except 2001) and bury them with the details and hoping that they would not find out the missing one.

Thanks a lot for your help.

 

[OneGCPlease]

UnitedNations,

Gotcha. The original beneficiary for the labor did work for the company. How would my company get credit for the salary paid to the original beneficiary? How do they decide the ability to pay? Could you please explain? This will help me to talk to my attorney and my employer.

 

[maybesomeday]

UnitedNations,

Gotcha. The original beneficiary for the labor did work for the company. How would my company get credit for the salary paid to the original beneficiary? How do they decide the ability to pay? Could you please explain? This will help me to talk to my attorney and my employer.

UN correct me if I'm wrong but....the salary paid to the original beneficiary is used as a credit against the proferred wage (during the time he/she was there). It's the same way your paid salary (with the petitioning company) is applied as a credit against the proferred wage. So if the proferred wage is say $90K and original beneficiary was paid $80K during one year, the net difference of $10K would have to be made up from either company net profit or net current assets for that year. There are some games of prorating that can be played when the start or end dates of employment are not at the year end.

There's a whole thread UN started about ability to pay:
http://immigrationportal.com/showthread.php?t=137088

 

[OneGCPlease]

UnitedNations & maybesomeday,

Thanks for your reply. It's crystal clear. One more question though. My employer says, he couldn't track the original beneficiary to get the Tax return. But he has w2. Will this be enough? Or we need the tax return compulsarily? USCIS has asked for Tax return and w2s.

 

[OneGCPlease]

UnitedNations,

My employer is leaving to India today(12/11). He will be back on 12/30. He says, He needs to ask the CPA to write 'review' about the company. He says, it would take 1 week and CPA would charge 2500$. My employer may end up asking me to pay for this. What is this 'review'? Is it necessary to prove the ability to pay? Or it's one of his money-snatching techniques? BTW, the last date to reply to USCIS is Feb 11 2005.

I appreciate your valuable opinions.

 

[OneGCPlease]

UnitedNations,

Thanks for the response and your thoughtfullness to help me. I will email you my RFE to your mail id.

 

[akmgreen]

7th yr ext, W-2, situation, filing for 140, 485, anyone in similar situation

Hi

United Nations have been reading your posts, very informative and useful.

Here is my situation, I got my labor through Perm from a employer in Sep, now he wants me to join his company in order to file for I-140 and I-485, My problem is that my 6th year expires on April 2006. I have filed labor through my current company in Dec 04. so if I stay with my current company I can file for my extension using that company. My question is that can I file 7th year extension through the new company using my LC from the current company assuming that they will not cancel my LC. I would like to continue to hold my H1 as a back up.

Secondly I do not have sufficient Tax returns and W-2 in 2002 and 2003, as market was bad. I am fine for 2004 and 2005. This is why I am too scared to file for I-140 and I-485, but I am running out of choices. I have to file for it.

I have not filed for I-140 and I-485 but want to file pretty soon as EB2 may get retrogressed soon as per rumors.

Someone please help and let me know what is the best path to take.

Thanks,