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I have a labor certificate approved for five months. For some reasons , my employer is not providing the tax documents and other papers so that the lawyer can file for me I-130. What can I do now. Can anybody help me please.
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You can get through the IRS -
WILL IRS ASK WHY I AM ASKING FOR SOMEBODY ELSE TAX RETURN? WHAT WILL HAPPEN IF MY EMPLOYER FIND OUT ABOUT TAX PAPERS AND CANCEL THE APLLICATION.Comment
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From what you're telling us, it sounds like your employer doesn't wish you to work for them. Is that true?Comment
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hej Rez! My husband is in the same situation. His labor certificate was approved on April 2004. Till now we haven`t filled for AOS. We are desperate because his sponsor use him for 2,5 year and left with nothing. The worst thing is that you can`t transfer labor certificate to another sponsor and you must start the case again. There is also another option but really hard and expensive. My friend paid 10.000 to the lawyer who found him a sponsor who alrady had approved labor certificate for somebody else .In that case you can change the name and continue the case from where you are now.I know it will make you upset but your employer can also use your labor certificate and filled for AOS for somebody else. I know it ****s!! Me and my husband are going thru the same S***.Comment
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one more thing Rez there is no way you can get the tax return from IRS. You could put yourself in more trouble !!!Comment
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Can I file I-130 without employer tax return.Is there any other way please let me know.Comment
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What exactly are you trying to apply for? If its employment based, then there's no need for I-130. If its marriage based, then there's no need for labor certification, just ability to sponsor and tax returns.Comment
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You can not file without tax return. Your petition will be rejected. I-130 is not necessary since you have labor certificate. You should file I-140 ( Petition for alien worker).
If employer doesn`t want to sponsor you no more you must find a new one .Comment
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REZ SAME THING HAPPENED TO ME, I HAD TO START
ALL OVER AGAIN IF I WERE YOU I WOULD FIND ANOTHER SPONSOR .Comment
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Sorry I meant I-140 instead of I-130.Comment
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Then there's nothing you do can at this point. Labor apps and I-140 is at the discretion of the employer not the employee, unlike I-485. GC is for future position with the company, so they can easily stated the position no longer available and terminate the entire AOS process.Comment
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Hej Rez if you can find new sponsor you can file your labor certificate under PERM. Under new Perm you can get your new labor in two months. There has to be a minimum of 30 days recruitment process prior filing your new form for labor certificate ( ETA 9089).Comment
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You're missing one important point. I-140 can't be petitioned by the alien/employee/beneficiary. The company has to initiate it. If they're trying to file one without the company consent, well, suffice to say the word fraud will be associated with that action.
Finding another employer is a much better solution than staying in a murky situation such as this.Comment
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Hej Bluebutterfly I guess you don`t know what you talking about. In order to file I-140 you need COMPANY TAX to prove that employer can pay required wages.Comment
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