I-140 Rfe - Please Help!!!!!!!!!

[jen2007]

Hi All,
Please please help me out! I recieved the rfe last week asking for proof for ability to pay. My lawyer wants my employer to issue me Form 1099 for the three years I was paid less than the prevailing wage. My employer is willing to do so but I'm wondering if we actually need to file 1099 forms since my company had profit for all the three years! Please help! Thanks so much!

 

[sshakeny]

Hi All,
Please please help me out! I received the rfe last week asking for proof for ability to pay. My lawyer wants my employer to issue me Form 1099 for the three years I was paid less than the prevailing wage. My employer is willing to do so but I'm wondering if we actually need to file 1099 forms since my company had profit for all the three years! Please help! Thanks so much!

to my understanding, if you have a H1 you must be on the payroll and you must receive a W2. 1099 is for contractors and you shouldn't be getting a 1099 yet alone sending it to USICS. you must contact a H1 expert lawyer other than your own lawyer. it seems like he dosnt know how to respond to ability to pay RFEs. he should be working with the corporate accountant to squeeze money out of the tax forms not getting you in trouble.

if anyone has ever succeeded by submitting a 1099 please inform us because i could have sworn to my life that sending a 1099 is a big problem for an H1 holder.