Complicated 221g - will officer consider?

[SupariSharma]

I realized after about a week, when my impulses subsided that the officer went off on a lymph and offered me an opportunity to reconcile with sins.

1. Three different employers from various time periods 2009, 2014, did not pay the tax they owe to the IRS

2. IRS system available to officer shows that there was no record of payment, hence, confusing the officer into thinking I was lying about being employed

3. One of them shut down and ran (for many other reasons including filing a GC for himself), traced him out and submitted him to ICE, USCIS and IRS

4. Employer 2 and 3 were tricky and were trying to hide it by saying they have filed in against incorrect SSN. 99%, they never bothered to file

5. Called IRS went for 3949 - A. While their funeral rituals take place, I prepared alternative documents with the IRS and am submitting them

6. I know you would ask my why I did not do it right awayyy and why not DOL. DOL has 12 months lock and after that it can't do anything.

    Another reason being - all this happened in a time when employer was at ease to threaten employee with same day firing and deportation, which they did. We did not have this 60 day luxury and ICE is fast moving agency. I was given no paystubs as a back up. The last one even forced to attend interview in India without 797/paystubs or W-2, that's when I left, gave up because it was not worth the pressure.

Question : Will officer understand and consider this? Considering I caught 3 criminals (ofcourse with this 221g), then coordinated across many departments including CBP and ICE and IRS/SSA, to get them a fine of unlimited amount exceeding 3 million each. Willful negligence with IRS lands amount that pleases IRS to land on the penalty as plating,  plus any other toppings they so please to add.

 

[SupariSharma]

So, this is my lesson from which you can hopefully learn now. I couldn't have done anything different, because I was from that time period.

1. Always ask for W-2, say that you have to file for taxes

2. When employer is delaying or not paying, please call USCIS right away, you get immunity, otherwise you get overstay

3. When employer threatens, you don't need an attorney, you can take help from DOL/ DHS and USCIS

4. Employers who threaten are weak and have many weaknesses that you can investigate and use against them, please do that

5. Never negotiate with such employers, they will not ever give you anything. Complaint till they go away, get them deported

6. There are ways from IRS that you can get your W-2/ other documents/ W-2 not filed at all - use substitute 4852/1040 4852/1040-x for previous years, there are ways to get out of this tunnel. Do not alert the fraudulent employer whilst doing so. When they respond saying we don't have it, just leave it like that and look helpless. Later, attach that email as evidence and file for 3949 - A (IRS Tax Fraud complaint). This is a must, we are the only victims, no one else loses. Only IRS and we lose if we don't do the due diligence.

Last but not the least, if you are from a prior period, that is before 2017, when the reformation was not in effect with 60 days of overstay immunity, you can still request by evidencing W-2. Request that it was employer fault. At this point, you cannot call DOL. However, you can leave a note with USCIS Tip Line. ****** There is another amendment that needs to be made, raising this with DHS - the Beneficiary of the 797 cannot retrieve any information or get any help from USCIS support line as they need to have petitioner present with them. This means, beneficiary doesn't get any rights to receive Tier-2 support or reporting fraud related to the employer or seek immunity for that matter. All the tier-2 is reserved for the employers, this makes the system biased.