I Got RFE & Please advice...

D

dec11thRD

Registered Users (C)
I Got RFE & Please advice...

Hello friends,

Please read every point in this post. Please don’t skip like I do
RD -12/11/2001, ND - 12/18/2001
FP -03/14/2002

I got RFE, says
____________

1.Submit your original letter on company letter head from your current employer stating your date of hire, duties, remuneration and prospect of continued employment.

2. Earning statements for the last 2 months

3.Federal Income tax returns, Including all schedules and Form W2/ or Forms 1099 for the last two years.

*******************************************

1. I am currently working for a very small company on 1099, is that a problem? ( It's contract to hire.)

2. Last year (2002) almost whole year i was on leave of absence (LOA). I was not in country from Feb 2002 to March 2002 & jun 2002 to sept 2002. I can provide LOA letter from the previous employer... So many problems at a time... Mother health, Mother-in- law health problem, father-in-laws heart attack...

I could not able to work due to mental pressure.

3. I lost (got terminated) from the job because of my leave and lack of correspondence with the company & client. After i lost the job, I worked as independent consultant with two companies. Now this is the 3rd company.

After i lost my job --- I am working with 3rd company. I never filed AC21.

4.My earning were
I filed labor with salary $120,000 per year
$90,000 in 2001 on W-2 &
just $17,500 for the whole year in 2002 on W-2.


How do you want me to approach guys? I wanted to respond as soon as possible...

Please list out all the required documents i need to send other than the listed in RFE...

Thanks for helping me out...

I can add every document listed in RFE...

What about : AC21 application???, LOA letter from employer who filed GC for me???? to prove why I earned only $17,500????

Is there any problems working on 1099 ???
Is there any other documents i need to send???
 
1099 could be a weak point. here is from murthy:


Chat User : Can I change my job with EAD to a similar job but the new employment status is W-2 consultant?

Attorney Murthy : A person may switch employers on an EAD, but the new job should not be 1099 as a consultant, but it is okay if it is as a W-2 consultant employee. Sometimes, the CIS has denied the case if at the time of the CIS interview for the GC the person is working on a 1099 instead of a W-2, since the employer is required to show an opening for a full-time job.

in your case, contract to hire might be helpful

consult a good lawyer, good luck
 
dec11thRD

This is what I think -

You have many complications and you should not hurry responding to the RFE unless you have all the documents that'll satisfy BCIS.

1) First of all speak with a good lawyer. Find out everything about AC21. Looks like you'll have to use it.

2) About 1099 - Ask your employer to change your tax status to W2 from 1099 - immediately. You have 12 weeks to respond to the RFE. Wait for 2 months and get the paystubs (being a W2 employee).

3) You can not do much about your earnings for the last year. I would say, just get the copies of the tax returns and send them as it is. I think they just tally the federal tax return amount with some records that they have.

Be patient and handle this situation carefully. Wish you all the best!
 
Re: dec11thRD

Originally posted by vidongre
This is what I think -

You have many complications and you should not hurry responding to the RFE unless you have all the documents that'll satisfy BCIS.

1) First of all speak with a good lawyer. Find out everything about AC21. Looks like you'll have to use it.

2) About 1099 - Ask your employer to change your tax status to W2 from 1099 - immediately. You have 12 weeks to respond to the RFE. Wait for 2 months and get the paystubs (being a W2 employee).

3) You can not do much about your earnings for the last year. I would say, just get the copies of the tax returns and send them as it is. I think they just tally the federal tax return amount with some records that they have.

Be patient and handle this situation carefully. Wish you all the best!
Click to expand...
W2's are from previous year. Unlike Paystubs, which can be generated if he waits for 2 months, W2 cannot be changed at this stage, as he would already filed taxes based on that too.
Yes, He needs to take time, consult attorney and think about it.
 
I'm sorry if I confused you

The only reason I suggested to change to W2 is he could get a proper paystub showing all his taxes deducted for those 2 months.

I don't know how a 1099 pay-stub looks like - but I believe it'll be a lumpsum check with no taxes/medicare etc. Also, it (the paystub while working on 1099) suggests that he's working as an 'Independent Contractor' (IC) and is not 'employed' by any company (unless he is incorporated and working for his own company - well that spells trouble too!)

Anyway, talk to a good attorney.
 
Last edited by a moderator:
GClessJon, LZ25888, Vindongre

GCLessJob: Nop. Just RFE.

LZ25888: Hopefully i could be able to change to W-2 from 1099. But the company is too small. is that a problm?

Vidongre: It's just kind of billing document for services, says number of days and how much...

of course... new for me too. This is the first job on 1099. It is a very small company, so i felt W2 tax term is not good.

please post if you come across this kind of situation...

Please post ..if you find some info.. from some where...

Please help me if you know any attorny who can help with this kind of situation....
 
You must log in or register to reply here.
Top