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  1. #1

    Default Does Change of status in CANADA (H1B) doesn't require Petitioner’s Income Tax Return?

    My lawyer was suggesting me to go to CANADA for two reasons:

    He says if we go any other country other than INDIA we don't need::

    1.) Petitioner’s Income Tax Return for the last two tax years and financial statements.

    2.) Petitioner’s employees of the job site listed. The list should show all employees’ names, their specific job titles, start and end dates, and their individual salaries and immigration status.

    3.) State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)

    Is it true?

  2. #2
    Join Date
    May 2009
    Posts
    10,053

    Default

    Not true. If the VO want to verify these documents, then they will request you to provide them by issuing you a 221g irrespective or whether you go to Canada or any other country for stamping (They especially check these documents when a candidate is a consultant who work at the client location). I think your lawyer is trying to say that the probability of 221g is less in Canada compared to India (In recent times).
    Not a legal advice. Use of this information is strictly at your own risk.

  3. #3

    Default

    One more question please:

    if we go for stamping in Hyderabad we need to submit these documents in advance

    • Petitioner’s Income Tax Return for the last two tax years and financial statements.
    • petitioner’s employees of the job site listed. The list should show all employees’ names, their specific job titles, start and end dates, and their individual salaries and immigration status.
    • State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)

    These are the documents my employer is afraid of. So does this mean that if we go to Chennai we don't need to submit these documents unless a visa officer issues me a 221g or do i need to show them at the time of interview irrespective of if the officer issues me a 221g.

  4. #4
    Join Date
    May 2009
    Posts
    10,053

    Default

    Not a legal advice. Use of this information is strictly at your own risk.

  5. #5
    Join Date
    Oct 2008
    Posts
    5,921

    Default

    These documents that you mention are documents that you must produce on request by the VO. They are not to be submitted to any consulate but only to be produced if asked for. Your list falls under Documents to be brought to the interview on Hyd consulate website, read carefully.
    It is common that most consultant cases will require these documents. Since most consulates are aware of H1B consultant issues, they will ask for these documents if they suspect that the employer is engaged in fraudelent practices. It will not matter much which consulate you go to in this case. It is up to you to decide where you want to go. If visa application is denied or put of hold in a country other than your home country, you will have to return to home country directly from there.
    This is my opinion and not legal advice.

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