I-485 tax related questions. Urgent!!

[talarico]

I-485 tax related questions. Urgent!!

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my I-485 is pending now, but my employer didn't file W-2 for me since he pays me cash everyweek. I only filed 1040 by myself instead. Would it be a problem when it comes to my interview? By the way, my I-485 is employment based. Please, someone, tell me what to do?

 

[pralay]

I-485 tax related questions. Urgent!!

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my I-485 is pending now, but my employer didn't file W-2 for me since he pays me cash everyweek. I only filed 1040 by myself instead. Would it be a problem when it comes to my interview? By the way, my I-485 is employment based. Please, someone, tell me what to do?

If you are salaried employee, your employer must provide you W-2. It's just not USCIS issue, but IRS issue too. Though when it comes to IRS it can be problem for your employer (not you), but for I-485 it can affect you too - especially if they ask for paystubs, W-2 in RFE/interview. As your employer pays you by cash, there is absolutely no proof that you are still employed and getting paid. Discuss with your employer so that they can provide you paystubs and W-2. Request them to pay by check. Keep photocopies of the checks before encashing. If they don't agree, look for another job.

Meanwhile, keep the following documents just to be in safe side:
1. Your offer letter that specifies your job position and salary.
2. Transcript of your tax returns (for all the years you are employee of your current employer).
3. Maintain a notebook for the history of payments - exact payment date, amount and the payment period. Keep the bank statements too.
4. If you are working at client site, keep all the time-sheets (with supervisor's signature).

 

[sb_tiger]

For GC you have to be salaried employee- no 1099. Looks like you are doing 1099- that will not work for EB (Employment Based) GC.