My employer filed my GC under EB1 category. I-140 and I-485 was filed almost concurrenty and I-140 was approved
after 8 months. Now CIS sent an RFE (I-485) to the company lawyer asking for a document from my previous employer (basically that requires my previous employer to provide me with a signed letter). Now the owner of my previous company (who happend to be a good friend of mine) is not comfortable giving me that letter as
he thinks it could put him into a bigger trouble incase INS sends another query. And the reason of his concern
is he never gave me a W2. I worked for him in 2004 for 6 months before transferring my h1b to my current employer.
During that time I was doing some consulting through his company and he was giving me paychecks after witholding
the taxes. However he never used a third party payroll company (like ADP or paychecks) for that purpose and I really
didn't have a thing called paystub. So I had to generate paystubs on my own (basically using excel) based on the
amount he was withholding and net payment. I used 2 such paystubs to transfer my H1b my current employer also.
Now everything would have been fine, had he filed the taxes and given me a W2 for that year but he didn't and didn't tell me about that till Jan, 2005 when I asked for w2. At that point I also didn't report that to INS as it
could put him into trouble. Now my question is
1. What should I do if INS sends another query asking for w2 from that particular company (in year 2004)?
Can I just tell them that I couldn't file it because I never received a W2.
Will this anyway affect the I-485 decision? what would be the best way to handle the situation?
Thanks in advance.
after 8 months. Now CIS sent an RFE (I-485) to the company lawyer asking for a document from my previous employer (basically that requires my previous employer to provide me with a signed letter). Now the owner of my previous company (who happend to be a good friend of mine) is not comfortable giving me that letter as
he thinks it could put him into a bigger trouble incase INS sends another query. And the reason of his concern
is he never gave me a W2. I worked for him in 2004 for 6 months before transferring my h1b to my current employer.
During that time I was doing some consulting through his company and he was giving me paychecks after witholding
the taxes. However he never used a third party payroll company (like ADP or paychecks) for that purpose and I really
didn't have a thing called paystub. So I had to generate paystubs on my own (basically using excel) based on the
amount he was withholding and net payment. I used 2 such paystubs to transfer my H1b my current employer also.
Now everything would have been fine, had he filed the taxes and given me a W2 for that year but he didn't and didn't tell me about that till Jan, 2005 when I asked for w2. At that point I also didn't report that to INS as it
could put him into trouble. Now my question is
1. What should I do if INS sends another query asking for w2 from that particular company (in year 2004)?
Can I just tell them that I couldn't file it because I never received a W2.
Will this anyway affect the I-485 decision? what would be the best way to handle the situation?
Thanks in advance.