United Nations ..pls help on RFE about last 3 years W2's

cdi

Registered Users (C)
I got an RFE for 485 asking me to submit the last 3 years of W2 and tax returns. Unfortunately i have W2's from 2003 June.
Prior to that almost 1 year i am out of job and never get paid.
How should i overcome this problem.
Gurus pls help

--CDI
 
unitednations said:
This is a problem. Did you try to do an h-1 transfer and it got denied because there were no paystubs. This is probably what uscis caught onto and asked for this to determine if you had an employer/employee relationship.

This is one of those RFE's that you have to really be careful, especially if you were out of a job before you filed AOS. Basically, the lawyer has to help you out in the response to make sure that you say you weren't paid but at the same time you stilll had employer/employee relationship. Be very careful, this is one of those RFE's where how you answer it could open up other doors which you don't want uscis to go through.

I am no expert in this. However could this work? If he has W2s from 2003, one option could be to "withdraw" the petition and file in Jan 2006 and submit W2's for 2003-2005 (assuming you have enough time on H1B and your job is stable)
 
United Nations ...

I never got an RFE on h-1b transfers. I got my 7th year extension and now i have filed for my 8th year extension.
My employer used Sub-Labor in my case and the PD is nov 99.

What would be the alternative for W2's ?
If i say that i am under unpaid vacation, how can i justify it ?
If i say i am sick, they might ask for a doctor certificate.

Pls suggest ..

Thanks,
CDI
 
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