W-2 Form

shaken

Registered Users (C)
What happens if the Employer denies to give W-2 form ?
Can we report the earnings without getting W-2 form from previous employer ?

Sorry for such question in this 485 forum but I have very high hopes from all of you.. (I am also waiting for my day EB2, VSC, ND-03/00)

Experts please comment..
 
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Dear Shaken,
I do not know in what context you are asking this question. No, if you are employed and want to report earning through that employer, you must attach the W2 form with it.

However, IT IS ILLEGAL to withhold the W2 form. No employer in the United States can do this. Many of the companies in the GC process try to use this as means to keeping a person employed in their company. Again, it is ILLEGAL. If the IRS was to be informed about this they would be in serious trouble !!

Many years ago an Indian company tried to pull off such a stunt with me. The moment I said I would call IRS, I had the W2 in my hand the next day ... (believe it or not).
 
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Thanks WaitingForever for your help.

Yes I know that the Employer will be in trouble. Again this is an indian employer. No longer working with them. But, still wndering whether he will give it or not.. Really bad guy and can act as lose-lose situation.

From www.irs.gov, i can see that if we ask for W-2 right now, he has to give within 30 days..

Still don\'t know what to do ?
 
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Shaken,

Sorry if I am asking a silly question, but,
why do you have to request your employer now for W2?
Dont you already have a copy/duplicate of your W2 from your 1999
tax returns? Can\'t you produce that to the INS?

Thanks.
 
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It seems you didn\'t file your 1999 tax returns. If you did, you should have your w-2 with you.
 
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