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Employer Tax Returns and Financial Report submitted while RFE, do VO know this?

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  • Employer Tax Returns and Financial Report submitted while RFE, do VO know this?

    Hi All,

    I am attending for H1 Visa Interview, in mandatory documents i had seen employer Tax Returns and Financial Report is mandatory. I havent got these documents from my employer. They mentioned it had been submitted to USCIS during RFE process. Is it needed for me to take the Tax Returns or do the Visa Officer know that these documents are submitted to USCIS during RFE.

    Also is photos of employer and client location offices are mandatory during interview?

    Regards,
    rake.

  • #2
    Originally posted by rakeaia View Post
    Hi All,

    I am attending for H1 Visa Interview, in mandatory documents i had seen employer Tax Returns and Financial Report is mandatory. I havent got these documents from my employer. They mentioned it had been submitted to USCIS during RFE process. Is it needed for me to take the Tax Returns or do the Visa Officer know that these documents are submitted to USCIS during RFE.

    Also is photos of employer and client location offices are mandatory during interview?

    Regards,
    rake.
    Small companies, low turnover, less number of employees, first H1 of the company are some of the cases under which it is recommended to take the employer and client location pictures and client letter along with the other documents and tax related documents.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Small companies, low turnover, less number of employees, first H1 of the company are some of the cases under which it is recommended to take the employer and client location pictures and client letter along with the other documents and tax related documents.

      This is my opinion not legal advice.
      Hi Raghvi,

      Thanks a lot for your reply. My employer havent provided tax related docs, he said it submitted during RFE. Do Visa Officer asks me again for tax related documents or do he know about this.

      Also am not placed directly at end client location, there's a Vendor in between - Employee-Employer-Vendor-End Client. i have a contract doc between vendor and end client, sub contract between employer and vendor work order from vendor and letter from vendor. How i need to answer to Visa Officer about this.

      Regards,
      rake

      Comment


      • #4
        Originally posted by rakeaia View Post
        Hi Raghvi,

        Thanks a lot for your reply. My employer havent provided tax related docs, he said it submitted during RFE. Do Visa Officer asks me again for tax related documents or do he know about this.

        Also am not placed directly at end client location, there's a Vendor in between - Employee-Employer-Vendor-End Client. i have a contract doc between vendor and end client, sub contract between employer and vendor work order from vendor and letter from vendor. How i need to answer to Visa Officer about this.

        Regards,
        rake
        So you already had a RFE when the petition was initially filed? As for multiple layers, it depends how the officer looks at it. With all the scrutiny around the lesser the number of layers the better it is.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          So you already had a RFE when the petition was initially filed? As for multiple layers, it depends how the officer looks at it. With all the scrutiny around the lesser the number of layers the better it is.

          This is my opinion not legal advice.
          No i think, when i asked my employer about tax returns report they replied has during RFE they had submitted tax returns.

          Comment


          • #6
            Originally posted by rakeaia View Post
            No i think, when i asked my employer about tax returns report they replied has during RFE they had submitted tax returns.
            What does " has during RFE they had submitted tax returns " mean?

            If they didnt have an RFE, then it means they have not yet been asked to submit it. During the course of interview if the visa officer doubts about employee/employer relationship due to various layers then they may put the case into admin processing/221G and subsequently ask for the tax documents. So unless they ask you to there is no need to voluntarily give the same.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              What does " has during RFE they had submitted tax returns " mean?

              If they didnt have an RFE, then it means they have not yet been asked to submit it. During the course of interview if the visa officer doubts about employee/employer relationship due to various layers then they may put the case into admin processing/221G and subsequently ask for the tax documents. So unless they ask you to there is no need to voluntarily give the same.

              This is my opinion not legal advice.
              Hi Raghvi,

              Is there any alternative to show the proof of tax returns of employer, since i had only 4 days left for interview. can i get RFE response docs from my employer.

              i had few more queries,
              1) there is no document between employer and Client, so am taking letter given by vendor which has client name, location i need to work and roles and responsibilities in the project. since there is no contract between client and employer am taking a client POC, his email id and phone number on a paper and will show it along with Vendor letter. is this fine.
              2) In vendor client document they mentioned i will be working on a project but havnt mentioned project name and project description. Only roles and responsibilities are mentioned along with client name and work location and period of work. Do VO ask on project details?
              3) is unemployment wage report mandatory. if so can i get unemployment wage report of my employer online in any website just like i can see employer details in CA state companies list.

              Thanks a lot in advance.

              Regards,
              rake

              Comment


              • #8
                Originally posted by rakeaia View Post
                Hi Raghvi,

                Is there any alternative to show the proof of tax returns of employer, since i had only 4 days left for interview. can i get RFE response docs from my employer.

                i had few more queries,
                1) there is no document between employer and Client, so am taking letter given by vendor which has client name, location i need to work and roles and responsibilities in the project. since there is no contract between client and employer am taking a client POC, his email id and phone number on a paper and will show it along with Vendor letter. is this fine.
                2) In vendor client document they mentioned i will be working on a project but havnt mentioned project name and project description. Only roles and responsibilities are mentioned along with client name and work location and period of work. Do VO ask on project details?
                3) is unemployment wage report mandatory. if so can i get unemployment wage report of my employer online in any website just like i can see employer details in CA state companies list.

                Thanks a lot in advance.

                Regards,
                rake
                I think you are unnecessarily complicating the number of documents thats you require to carry. Though there is higher chances of going into Admin processing with multiple layers involved but there is no way you can be able to predict what documents the VO would ask for, and further its highly unlikely that the company would give you the tax papers. If consulate asks they would directly submit it to them in a sealed envelope.

                1&2. In such scenarios typically there is no document between Employer and End client, but there should be a contact between your employer and the vendor, and contract between vendor and end client, also a letter from end client requesting for you and your skill set written on client's letterhead . See you have to understand that the VOs are looking at concrete proof that you would have a genuine job as well as being paid adequately as per law. There should be clear control of only the employer over your duties.

                3. As for wage report, it would fall in the category of if the consulate asks you or your employer would have to provide at later date, I doubt your employer would give it to you without the consulate askign for it in written.

                This is my opinion not legal advice.

                Comment


                • #9
                  Originally posted by raghvi View Post
                  I think you are unnecessarily complicating the number of documents thats you require to carry. Though there is higher chances of going into Admin processing with multiple layers involved but there is no way you can be able to predict what documents the VO would ask for, and further its highly unlikely that the company would give you the tax papers. If consulate asks they would directly submit it to them in a sealed envelope.

                  1&2. In such scenarios typically there is no document between Employer and End client, but there should be a contact between your employer and the vendor, and contract between vendor and end client, also a letter from end client requesting for you and your skill set written on client's letterhead . See you have to understand that the VOs are looking at concrete proof that you would have a genuine job as well as being paid adequately as per law. There should be clear control of only the employer over your duties.

                  3. As for wage report, it would fall in the category of if the consulate asks you or your employer would have to provide at later date, I doubt your employer would give it to you without the consulate askign for it in written.

                  This is my opinion not legal advice.
                  Thanks a lot Raghvi.

                  Comment

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