h1b RFE: Old Employer NOT giving W3 (URGENT)

dream16

By dream16,
in H1B : Portability Issues

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dream16 Advanced Member

dream16

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Got an RFE via PP: Uscis wants my w2 and w3 for last 2 years in order to see that i was maintaining h1b status, i have w2 available (BUT DONT HAVE w3)

W3: Employer TAX SPECIFIC DOCUMENT:

For people who don't know this (A W-3 Form is a transmittal form which is sent to the Social Security Administration (SSA) showing total earnings, Social Security wages, Medicare wages and withholding for all employees for the previous year)

Issue: I had 2 different employers in last 2 years and they are NOT giving W3.

What's the way out ? HOw to get w3 from old employers ?

Is it end of the american dream ? Please advice.

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catx Advanced Member

catx

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A H-1B visa is an employer's petition, and as such they (their (immigration) attorney) should be handling this process, and you should not be part of it. Your employer should be responding to the RFE and providing the Form W3s and other requested documentation directly to the USCIS. (Maybe the USCIS wants your employer's past 2 years Form W3s to check on them versus you specifically.) Further, since the Form W3 is an employer's form submitted to the Social Security Administration, which contains confidential information about all employees -- a copy would not be given to an individual employee.

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dream16 Advanced Member

dream16

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A H-1B visa is an employer's petition, and as such they (their (immigration) attorney) should be handling this process, and you should not be part of it. Your employer should be responding to the RFE and providing the Form W3s and other requested documentation directly to the USCIS. (Maybe the USCIS wants your employer's past 2 years Form W3s to check on them versus you specifically.) Further, since the Form W3 is an employer's form submitted to the Social Security Administration, which contains confidential information about all employees -- a copy would not be given to an individual employee.

YOU failed to understand my problem. I clearly wrote "PREVIOUS PAST TWO EMPLOYERS" ---> "not present"

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dream16 Advanced Member

dream16

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Also, is it a MUST that the Phd Degree must qualify under "NIW" for any applicant to be able to qualify under EB1-OR ? I understand there are tonnes of other things that has to be there to be eligible.

But here in my case, the BS is in Fashion Technology, Masters in Fashion Design (With Textiles Specialization) and now PHd (Apparel & Textiles) ===> So how will they fall under National Interest for US ?

Please advise

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catx Advanced Member

catx

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YOU failed to understand my problem. I clearly wrote "PREVIOUS PAST TWO EMPLOYERS" ---> "not present"

Respectfully, the requested information would seem to cross a number of confidentiality lines, e.g. an employee is under no obligation to disclose their earnings from previous employers to their current employer (e.g. through W2s) for a RFE response, and a company will not release Form W3s to another company or an employee (current or former).

As for Outstanding Researcher (OR) and National Interest Waiver (NIW) requirements ... The EB1-OR is for persons that are generally and widely recognized in their fields, which typically means a person with a Ph.D. and several (and often many) years of objectively recognized research, publications, etc. A new Ph.D. graduate would rarely satisfy this qualification requirement. The NIW (e.g. for EB-2) is arguably a harder standard to meet as it is a somewhat objective assessment on what constitutes "national interest" (and respectfully apparel and textiles would seem to be a hard case to make).

In both / either case one needs the assessment and guidance of a qualified immigration attorney experienced in outstanding researcher and national internist waiver petitions.

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dream16 Advanced Member

dream16

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Waiting for an expert opinion from "ATTORNEY" / Experienced Member's here. I am not able to understand ---> what is the justification behind Uscis requesting previous 2 employers W-3 document ? I have my W2's available for the same. Please advise as it doesn't make any sense to me.

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JoeF Advanced Member

JoeF

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I don't think you can get any W3. That's rather confidential stuff. An employer giving that to you would violate privacy, etc.

The only reason I can see for USCIS to ask for this would be if they suspect fraud from the old employers.

You should discuss this with a good immigration lawyer.

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dream16 Advanced Member

dream16

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Thanks for the reply JoeF. I agree with you. I am sure my last american employer was crystal clear & is even there on the NASDAQ.

So coming back to the 1st desi employer, i mean he had audits done on him and 1 or 2 guys slapped out at "Stamping in India", & a money-laundering accusation against him (as per the rumors that one of his consultant got his visa stamp denied at consulate because of this), this brings me to the bigger worst-case scenario question:

Since i was on a genuine job with all my payrolls with him for an entire year and a valid W2 etc, do i see chances of getting a rejection here if an Old X desi employer may have done some fuss in his company with someone else etc.(or may be he has bad records etc with INS).

How do we find out that how worst is our X employer? Any way to check their DOL Compliant history ? Online it doesn't show me any of that.

Yes, my attorney is involved and i have my fingers crossed.

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