RFE on Dependents For W2s or Tax Returns or EVL?

G

GC-XXXXX

Registered Users (C)
Hi,
Here is my question...
If the Dependent has got past History of H1 and currently is on H4.

Has anybody heard of Dependent receiving an RFE for
1> W2s
2> Tax Returns
3> EVLs from Past employers
or
Denial for similar reasons on Failure to submit any such evidence.

Any kind of query related to dependents past employments.

thx
 
It's possible, if adjucator has doubt about past H1 status. EVL unlikely. But they can ask for copy of I-94s (or entry-exit stamp on passport), W-2s, I-129s and associated LCAs.

Somewhat unrelated, but in I have seen couple of postings where applicants are currently in H1/H4, but their previous F1 status were questioned and therefore various documents of concerned periods were asked.
 
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Will the UCIS even go past the current VISA Status ( H4 in this case)?
I read this Somewhere, can a Dependent benefit from this rule if not able to provide W2 or EVL from Past employer?

"If you were issued a visa at a consulate outside the country after January 2001 and entered into the US before filing I-485 & maintained valid status after last lawful entry."
 
GC-XXXXX said:
Has anybody heard of Dependent receiving an RFE for
1> W2s 2> Tax Returns
Click to expand...

If USCIS suspects that the dependent applicant had not been maintaining valid H1 status then they could certainly raise such an RFE.

EVLs from Past employers
Click to expand...

No. USCIS will ask for the W-2s because that's much tougher to fake, and can be verified with IRS.

Denial for similar reasons on Failure to submit any such evidence.
Click to expand...

If they ask for the evidence and don't get it, then there certainly could be adverse consequences. However, since W2s and tax returns are not required for even the primary applicant, USCIS certainly won't deny a dependent case without first asking for them.
 
I understand that UCIS being the GOD of immigration :mad: they can ask for anything including ur great grandfather's W2 or even birth certificates. :D


the question is ,
Has anybody received RFE of this kind asking for dependents W2 or tax returns?

I also heard that UCIS would do more checks since the last lawfull entry in US and look out for I94 violations ( related to stay after I94 Date accruing towards illegal presence) is that correct?
 
Unitednations,

I have a quick question on related issue.

I have my/wife 485 pending, 140 cleared . my wife is on h4 and receives business profit from the company in USA for the past four years. we have filed all the taxes properly.
DO you think we expect any questions regarding this? or what would be impact of this on 485 approval.

Regards
 
since the original question got de-railed , i am posting it agian :confused:

I understand that UCIS being the GOD of immigration they can ask for anything including ur great grandfather's W2 or even birth certificates.


the question is ,
Has anybody received RFE of this kind asking for dependents W2 or tax returns?

I also heard that UCIS would do more checks since the last lawfull entry in US and look out for I94 violations ( related to stay after I94 Date accruing towards illegal presence) is that correct?
 
GC-XXXXX said:
I understand that UCIS being the GOD of immigration they can ask for anything including ur great grandfather's W2 or even birth certificates.
Click to expand...

Well, if they had a good reason to ask for them, they certainly could. As irrational as it may seem, USCIS usually doesn't make totally unreasonable requests in RFEs, apart from a desire to ask for the same thing over and over agian.

Has anybody received RFE of this kind asking for dependents W2 or tax returns?
Click to expand...

If they suspected that a dependent was either getting illegal income or out of status (H/L/TN and not being paid) then they can certainly ask for them. In practice, I've never heard of it happenning.
 
mygc04 said:
Unitednations,

I have a quick question on related issue.

I have my/wife 485 pending, 140 cleared . my wife is on h4 and receives business profit from the company in USA for the past four years. we have filed all the taxes properly.
DO you think we expect any questions regarding this? or what would be impact of this on 485 approval.

Regards
Click to expand...

My wife was on O-3 and received passive income from investment in a business (which showed up on our tax returns I filed with our 485 applications) and we were never asked any questions or RFEs.
 
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