If don't have w2 for i-140 ??

B

bobkris

Registered Users (C)
Hi

I recently filed for I-140 and I-485 concurrently. In case they asks regarding W2 for the year 2001 (becaz...watching in all threads... everybody posting that they need to submit W2 for 2001 year) which we didn't have them, then what way can we produce that RFE ?
I have W2 for the year 2002.

Any suggestions ?
 
You can submit the pay stub and/or tax papers. If you had W-2 and you lost it, ask your employer during that time to generate a copy.

You can also get a copy of W-2 from IRS if you filed your tax return for year 2001.

Hope above will help...
 
I didn't have at all. In the year 2001, didn't pay any taxes, also don't have any paystubs.

Please advise !!!!
 
What was your immigration status in year 2001??

I hope you not coming back with "H1-B" as an answer...
 
Hi usnycus,

I think u r master in this matter. You are right. Immigration status is on H1B. But I have 2002 W2 and as well as 2003 W2 (will be ready in couple months).

You know that 2001 is horrible situation and didn't have to pay taxes even we work on small projects....:confused:

I didn't get any RFE....but scaring while looking this site which is filled with RFE for W2s....

Any advise....Thanks for your response....
 
Frankly speaking there is not much you can do about the situation you are in.

If company is doing great and they have provided sound documentation to show their ability to sponsor EB-petition, chances of getting RFE on your W2 for 2001 are less. It depends upon the officer who is looking at the files in USCIS.

I would say, leave this issue the way it is and think about it in-case you need to (if/when RFE gets generated).
 
Thanks a lot. In case, you get any idea to solve this, please let me know it.

One thing is, the company which has filed my GC is a employer from 2002. I have other employer in 2001 and that company is no where now.

I have very strong employement with the present one, and the same has filed my GC.....

Appreciate your responses....Thanks again.
 
I'm not sure how you're employer could have paid you without issuing you a tax document at the end of the year, either a W2 or a 1099 (W2, if you were on the payroll). If you were not paid, then you were in technically in violation of the H1B status, wherein you were to be employed at a specific salary. That could be your biggest issue, not the RFE per se... besides, it's illegal for the employer to do this (an employer has tax liabilities that he has to fulfill, and has to pay certain taxes on your behalf)

I guess you're best bet is to hope for getting through without an RFE for the W2.

Sorry for the bad news, bro...

K
 
Originally posted by bobkris
Thanks a lot. In case, you get any idea to solve this, please let me know it.

One thing is, the company which has filed my GC is a employer from 2002. I have other employer in 2001 and that company is no where now.

I have very strong employement with the present one, and the same has filed my GC.....

Appreciate your responses....Thanks again.
Click to expand...


What do you mean by no where? Did they got bought over or just close shop.

If you have any proof that you had worked for them you can with the help of your lawyer can request for a W2 and copies of paystub.

If they had filed for bankrupcy their contact details would still be available at the DOL.

hth
dyno
 
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