Low earning W2 affects GC??

S

sank

Registered Users (C)
HI,
I have Low earning W2 in 2003. I earned only 15K.
My Lc Salary is 63K. My i140 already approved. i485 is pending for more than 1year. I am still with GC Sponsering Employer.

If i get any RFE on W2, How i can respond to it.
Can i give personal Leave Or Do i have to provide pay stub with
ZERO dollars earning for a particular months OR letter from Employer stating personal leave & Zer income for those months.

Is it possible to create pay stub for Zero Dollars through my employer Since 2003 already passed.

In 2004 I am earning at the rate of LC mentioned salary.

Thx
Sank
 
You should be fine. Since you are with the same employer you wont get a RFE.
But if you get a RFE (why/how would they know your employer is paying you less) then you have to justify the low salary somehow. Actually the employer is also in trouble since all his future immigration petition sponsors he sends for any of his employees will be subject to scrutiny. So get your employer involved in building some paper work backiing the low wage w-2
 
Hi jaxen2,
Thx for your Reply. Nowdays They send out RFE in Random Way. Also When I filed I 485 in Oct 2002, My attorney asked for W2s.

>>>why/how would they know your employer is paying you less

I attached W2 of 1999, 2000, 2001. In 2001 I had Low Earning,
I just Earned for 2 Months(Since market was down). After Few Months I left to India. There I stayed For 1year.

Because of Low earning in 2001 I am afraid of RFE. I returned to US On Oct 2002 to file i 485.

>>>you have to justify the low salary somehow.

How can i Justify it.

>>>So get your employer involved in building some paper work backiing the low wage w-2
Please give more details about what type paper work


Thx
Sank
 
A

Hi Jaxen2,
My i 485 is pending more than 1 yr in TSC.(i 140 approved already).
I changed my Employer recently. Job will be same as in LC, Salary is also same. My Old Employer(GC Sponsering Company) will be Supportive.

I am really Worried abt 2003 Low Tax return (just 15K).
What type of paper work i should get from old employer.
My i 485 Receipt Date is Oct 2002 from TSC.

AnyOne Knows What i can Do.

Thanks
sank
 
Hi ,
When i was working with GC Sponsering company(old employer), i was working thro H1B.

With my Current New Employer, I am working with EAD.

Thx
sank
 
Originally posted by sank

I attached W2 of 1999, 2000, 2001. In 2001 I had Low Earning,
I just Earned for 2 Months(Since market was down). After Few Months I left to India. There I stayed For 1year.

Because of Low earning in 2001 I am afraid of RFE. I returned to US On Oct 2002 to file i 485.
Click to expand...

One possiblity: show some family related reason back in India and say that you took non-paid leave for one year. Provide some supporting doc from employer confirming the same (non-paid leave). I don't think staying 1 year in India will be a problem because that happened before you filed for I485.

Mentioning that your empolyer send you back to India for one year because market was down and he could not pay you is not a good idea. That will be troubling for both - your employer and your GC application.
 
Hi Pralay,
Thanks for your reply. I was really went through some
problem in india During my visit. I went through Divorce Process.
We were legally Divorced & Attached all divorce papers when i filed i 485.


Thx
sank
 
Sank

Per some earlier discussion you need not have to worry if you were not in US. Neither you need give any explanation for that.
I do not what kind of proof you provide but wild guess is that since you were in US less then six months during 2003 you should have filed non-resident income tax return for 2003 that should have helped you proving the point.
 
Re: Sank

Originally posted by tammy2
Per some earlier discussion you need not have to worry if you were not in US. Neither you need give any explanation for that.
Click to expand...

Absolutely true. Do not volunteer any information. So time being provide them only W-2. If they ask back again, then provide your explanation.
 
Hi Tammy2,pralay

Thanks for your reply. Plz look at my Complete Job Profile.
All the months in 2003 , i was in US only.
I filed tax return 15k in 2003.

In the Year 2002 Only, My Divorce took palce. Most of months in 2002 , i was in India. I returned to US in Sep 2002 to file my i 485. Hence I earned like 2000$ in the Year 2002(since i could not find the project). my company is a consulting company).
During my stay in india, I140 was Approved.

In Year 2001 Since job market was down , i got tax return for 6000$, after few months(in Aug) i left to india.

I am worried abt 2001, 2002(not much worried), 2003(15k).

when i filed i 485, i attached W2 of 1999, 2000, 2001.
1999, 2000 W2s Are good.

In 2004 I changed the company, i am earning LC mentioned salary without any Break in Earning.

My Old company(GC sponsering company) & New Company will be supportive.

Plz help me in this matter.

-sank
 
Originally posted by sank
Hi Tammy2,pralay ,
Are u there? Could you plz read my reply below.
-sank
Click to expand...

Sank,
I tried to suggest and answer what I know. As I mentioned earlier staying one year in India is not issue as long as you can show a good reason for that.

But regarding low earning, as far I understood except one year (2002) all the years you have low earnings. If you are living whole tax year in USA, and earning the amounts you mentioned, you fall under or very close to poverty line (see the document for Povery Guideline and Immigration Eligibility Criteria in USCIS site). As you were in India in 2001, you will be able to explain your low earning for that year (probably 2002 too). But for 1999, 2003 - I really don't know. You need to talk to your attorney.
 
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