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mexicana
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« on: February 08, 2010, 10:27:25 am »

I am going to lose my mind. Alex worked at 2 different ranches when he came. He worked May-Nov. We filled out the requested paperwork many times and provided his SSN. On many checks they did NOT put his SSN down right and we complained many timds. We were told that this was going to be fixed. His employer has not sent us a W2 so that we can file. We called and they stated that all were sent out on January 21st yet we never got ours. We have ALL check stubs. We complained and they said that only 2 checks came up with his SSN and the others were never fixed therefore they are invalid and they cannot go back to fix the SSN on those checks... THEREFORE we are NOT able to see these on our W2... !?!? WTH!? I am sooo angry and feel we are being cheated. Is this info true? What can we do? Someone PLEASE help!
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TIMELINE: 

In 2006: Met
Jan 10, 07: An official couple
March-April 07:  1st trip (as a couple)
May 07:  2nd trip
July-August 07:  3rd trip
December-Jan 07/08: 4th trip
March 08: 5th trip
May-June 08: 6th trip
July 16th:  I-129F Package to CSC
July 18th @ 9:07 AM: Package arrived @ CSC
July 25th: NOA1
September 08: 7th trip
DEC 15TH: NOA2 notice online
Dec 16: Touched
Dec 20: NOA2 arrived in mail
Dec-Jan: 8th trip
Dec 22: Letter from NVC & SD#
Jan 30: Alex's packet arrives
March 3: Medical done
March 15th: 9th trip, arrive for interview
MARCH 18TH: CITA... AND Alex's bday!!! APPROVED!!!
March 20th: Pick up visa from Domex
March 25th: POE/JFK... welcome to the USA!!!
April 16th: Social Security Card Arrived!
May 1st: MARRIED!!! YAY!!!

***AOS***
June 3rd: SENT AOS OUT! YEAH!!!
June 15th: NOA1 for all 3 documents!
July 1st: Biometrics appointment
September 8th: EAD Card arrived!
September 15th: AOS Cita!
September 21st: WELCOME LETTER! APPROVED!
September 23rd: Green card arrived!
La_nena26
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« Reply #1 on: February 08, 2010, 11:33:52 am »

Hey Mexi,

I am sorry this is happening to you guys. As a Payroll Coordinator, I can tell you the following:

-if your husband completed a W-4 form and indicated the correct social security number on it, then, it is the employer's responsibility to report ALL earnings through his SS no.

In NY this is done on a quarterly basis.

I am assuming that the stubs without the SS no. have the employer's name on it, correct? If this is the case, and they still refuse to report all his earnings, go to the Dept of Labor. Take all pay stubs with you, and if you have any evidence of the multiple requests you made for the SS to be included on the paystub, bring it as well. Your husband will win the case, and the employer may be subject to fines.

I am not sure what is the requirement on your state, but in NY the ssc does not have to show on employee's pay stub.

As far as the W-2, all employers are required to send them by 1/31. If employer claims sending it, request a copy from the IRS.
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11/21/08-Sent I-130
11/23/08-Petition received
12/02/08-Check cashed/Date on NOA1
12/06/08-Case Updated
01/15/09-Case transferred to California
01/21/09-Update
01/22/09-Update!
01/23/09-Update
02/09/09-NOA2
02/13/09-SDO number assigned
02/18/09- Per AVR, Choice of Agent and AOS fee bill mailed
02/19/09- E-mailed DS 3032
02/21/09- Received AOS Bill and Choice of Agent in the mail
02/21/09- Paid AOS Bill online
02/24/09- AOS Bill shows as "PAID"; Mailed AOS package
02/26/09- IV Bill generated and paid
02/27/09-IV Bill shows as "PAID"
03/03/09- DS-230 and supporting docs mailed
03/06/09- False RFE (that IV Bill has not been paid!)
03/20/09- Finally, CASE COMPLETED!
5/19/09- Found out about Cita!!! (7/7@ 6:15 AM)
brlukath
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« Reply #2 on: February 08, 2010, 01:25:44 pm »

Also... (I think) you should be able to accurately report earnings and taxes paid by looking at the year to date numbers on the last pay stub of the year and filing IRS Form 4852 (?). Double check this.
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TuBabyTierna
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« Reply #3 on: February 08, 2010, 11:57:31 pm »

Mexi, we had a similiar situation.. pissed
When my SO started his job back in Jan 08..they asked for all his documents.. As soon as he received the SS he took it so they can make a copy..for some reason he DIDN'T notice for that WHOLE year that his last two digits of his # were twisted.. We noticed after we filed our income tax and it was rejected TWO times.. pissed
Luckily his employer asked him for his SS and fixed the problem since it was their typo..

I think that dude is being a lazy mean ass to Alex!!
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Surf2Salsa
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« Reply #4 on: February 09, 2010, 07:35:30 am »

You have your paystubs, this is great, you have no idea how many people throw them out and then have your issue. I see this all the time, my software has this form:

http://www.irs.gov/app/vita/globalmedia/4852.pdf

I use in cases where employers disappear or are A HOLES like the ones in your case.
It will slow your refund a bit, but you will resolve it. Attach this form to your return, and include a statement and copies of the paystubs.

Enter the information as if you had a W-2 for the total wages for each missing W-2.
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05/26/2009 - Mailed I-129F to VSC
05/28/2009 - I-129F received by VSC
05/29/2009 - NOA1 dated & mailed by VSC
06/02/2009 - Check cashed by VSC
06/03/2009 - Case number on back of canceled check image
06/04/2009 - Received NOA1, postmarked 06/02/2009
09/10/2009 - Amended Notice I-797?
09/15/2009 - NVC received
09/16/2009 - NOA2 hardcopy received!
09/17/2009 - NVC sent to Consulate
09/25/2009 - Received by Consluate
10/29/2009 - Cita scheduled
12/01/2009 - Picked up lost packet @ Consulate
12/03/2009 - Medical done!
12/21/2009 - Pickup medical results
12/22/2009 - Cita! APPROVED
12/28/2009 - Visa delivered! On 2nd workday!
12/31/2009 - POE
01/11/2010 - Applied for SS Number
01/19/2010 - Received SS Card
01/20/2010 - We got married
03/25/2010 - I-485 & I-765 Filed
03/26/2010 - Received by USCIS
04/02/2010 - I-797 Receipt for I-485 & I-765
04/28/2010 - I-485 Case transferred to California
05/05/2010 - Biometrics appointment
06/04/2010 - Employment Authorization Card production ordered
06/08/2010 - Permanent Resident Card production ordered!!!!
06/09/2010 - EA Card production ordered, again?
06/11/2010 - EA Card printed
06/15/2010 - EA Card arrived
06/17/2010 - GC Printed
06/21/2010 - GC Arrived
-----------------------------
RV :.
mexicana
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« Reply #5 on: February 09, 2010, 12:25:34 pm »

Thank you all for your help. Sunday Alex called him and explained everything. He said he would call back and never did. Yesterday i left a message demanding our W2 and for him to change the SSN or else i would report him. He called back after and told Alex that he called us Sunday night and spoke with ME. LIAR! UGH! I got on the phone and reminded him that we submitted 4 times the W2 documents. He says he never got them. I ask why he never fixed Alex's ssn. He said we never turned in docs. I asked ie he invents SSN numbers when a file is empty, like he lied and said ours was. He said no, that is illegal. Then i asked how 3 MAGICAL SSN are on Alex's check stubs. HE SAID HE HAD NO IDEA! I demanded our W2 and for him to fix the SSN or i would report him. He said i could report him and he had nothing to hide... BUT IF I REPORTED HIM I SHOULD CONTACT HIM PRIOR SO THAT HE CAN RESOLVE ANY ISSUE! What does that say? He sent it yesterday and i said if the W2 is a dollar short he will be reported.
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TIMELINE: 

In 2006: Met
Jan 10, 07: An official couple
March-April 07:  1st trip (as a couple)
May 07:  2nd trip
July-August 07:  3rd trip
December-Jan 07/08: 4th trip
March 08: 5th trip
May-June 08: 6th trip
July 16th:  I-129F Package to CSC
July 18th @ 9:07 AM: Package arrived @ CSC
July 25th: NOA1
September 08: 7th trip
DEC 15TH: NOA2 notice online
Dec 16: Touched
Dec 20: NOA2 arrived in mail
Dec-Jan: 8th trip
Dec 22: Letter from NVC & SD#
Jan 30: Alex's packet arrives
March 3: Medical done
March 15th: 9th trip, arrive for interview
MARCH 18TH: CITA... AND Alex's bday!!! APPROVED!!!
March 20th: Pick up visa from Domex
March 25th: POE/JFK... welcome to the USA!!!
April 16th: Social Security Card Arrived!
May 1st: MARRIED!!! YAY!!!

***AOS***
June 3rd: SENT AOS OUT! YEAH!!!
June 15th: NOA1 for all 3 documents!
July 1st: Biometrics appointment
September 8th: EAD Card arrived!
September 15th: AOS Cita!
September 21st: WELCOME LETTER! APPROVED!
September 23rd: Green card arrived!
D-mo
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« Reply #6 on: February 09, 2010, 12:42:15 pm »

You should probably report him anyway Mexi. It sounds like he is uses illegals.

D-mo
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mexicana
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« Reply #7 on: February 10, 2010, 12:13:13 pm »

That is what i plan on doing. I used to be ok with illegals working but ever since Alex got here i am NOT ok with it. Number one, it makes ranchers rich at the expense of others just like this guy. Number two, Alex was makin good money but got laid off. So who got his job? Another guy who does not have his papers. Thankfully Alex is in school everyday learning english but makes ya wonder how many great jobs are being occupied bc they do it cheaper, have no papers, and make the big guys rich.
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TIMELINE: 

In 2006: Met
Jan 10, 07: An official couple
March-April 07:  1st trip (as a couple)
May 07:  2nd trip
July-August 07:  3rd trip
December-Jan 07/08: 4th trip
March 08: 5th trip
May-June 08: 6th trip
July 16th:  I-129F Package to CSC
July 18th @ 9:07 AM: Package arrived @ CSC
July 25th: NOA1
September 08: 7th trip
DEC 15TH: NOA2 notice online
Dec 16: Touched
Dec 20: NOA2 arrived in mail
Dec-Jan: 8th trip
Dec 22: Letter from NVC & SD#
Jan 30: Alex's packet arrives
March 3: Medical done
March 15th: 9th trip, arrive for interview
MARCH 18TH: CITA... AND Alex's bday!!! APPROVED!!!
March 20th: Pick up visa from Domex
March 25th: POE/JFK... welcome to the USA!!!
April 16th: Social Security Card Arrived!
May 1st: MARRIED!!! YAY!!!

***AOS***
June 3rd: SENT AOS OUT! YEAH!!!
June 15th: NOA1 for all 3 documents!
July 1st: Biometrics appointment
September 8th: EAD Card arrived!
September 15th: AOS Cita!
September 21st: WELCOME LETTER! APPROVED!
September 23rd: Green card arrived!
mexicana
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« Reply #8 on: February 10, 2010, 02:54:26 pm »

The W2 came... EXCEPT THE A$$ DID NOT PUT THE CORRECT WAGES EARNED...AND HE ONLY PAID $10 INTO FEDERAL TAX... WTH!!! NOW WHAT!? Do I call IRS, Dept. Of Labor, or Social Security? The contractor told us to call him if we have any problems. Some say to have him write out a check for what he should have paid into taxes since it will come out of our pocket, others say to report him since he is not paying federal taxes. What do i do?
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TIMELINE: 

In 2006: Met
Jan 10, 07: An official couple
March-April 07:  1st trip (as a couple)
May 07:  2nd trip
July-August 07:  3rd trip
December-Jan 07/08: 4th trip
March 08: 5th trip
May-June 08: 6th trip
July 16th:  I-129F Package to CSC
July 18th @ 9:07 AM: Package arrived @ CSC
July 25th: NOA1
September 08: 7th trip
DEC 15TH: NOA2 notice online
Dec 16: Touched
Dec 20: NOA2 arrived in mail
Dec-Jan: 8th trip
Dec 22: Letter from NVC & SD#
Jan 30: Alex's packet arrives
March 3: Medical done
March 15th: 9th trip, arrive for interview
MARCH 18TH: CITA... AND Alex's bday!!! APPROVED!!!
March 20th: Pick up visa from Domex
March 25th: POE/JFK... welcome to the USA!!!
April 16th: Social Security Card Arrived!
May 1st: MARRIED!!! YAY!!!

***AOS***
June 3rd: SENT AOS OUT! YEAH!!!
June 15th: NOA1 for all 3 documents!
July 1st: Biometrics appointment
September 8th: EAD Card arrived!
September 15th: AOS Cita!
September 21st: WELCOME LETTER! APPROVED!
September 23rd: Green card arrived!
Raphael
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« Reply #9 on: February 10, 2010, 02:59:33 pm »

Do I call IRS, Dept. Of Labor, or Social Security?

Mexi, All of the above! There's some bad deeds going on. Start an investigation, pronto! This character probably has done this before and has gotten away with it. Suerte with this ordeal...
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Jonathan Larson
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« Reply #10 on: February 10, 2010, 07:21:09 pm »

The W2 came... EXCEPT THE A$$ DID NOT PUT THE CORRECT WAGES EARNED...AND HE ONLY PAID $10 INTO FEDERAL TAX... WTH!!! NOW WHAT!? Do I call IRS, Dept. Of Labor, or Social Security? The contractor told us to call him if we have any problems. Some say to have him write out a check for what he should have paid into taxes since it will come out of our pocket, others say to report him since he is not paying federal taxes. What do i do?

Well Mexi, do you have the check stubs that show how much Alex ACTUALLY paid to tax from HIS pay through the year? If you do, I would call the IRS (EN LA MANANA) and report the problem. It sounds like you have pretty much given the guy every chance under the sun to do the right thing.......he just doesn't wanna do it. Whether the guy feels it is just too much work, or thinks he's dealing with a dumb illegal who could care less about anything other than what goes in his pocket.......... he needs to feel the pinch IMHO!

Call the IRS and report him, they will advise you what to do on your end I'm sure. Then call the Dept. of Labor right after you hang up with the IRS, they need to know too.

D-mo
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« Reply #11 on: February 10, 2010, 11:33:50 pm »

See, if you didn't give all that money to the government you wouldn't care. You need to contact the labor board locally. The IRS got their money and they probably don't care.

-Tim
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I am in love again......here we go for another ride.

2/2010 - Met another wonderful girl from the DR via CJ on this board.
6/29/2010 - Renewed my passport to see my lady.
7/25/2010 - First trip to meet my new love.

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tgood1
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« Reply #12 on: February 11, 2010, 12:20:37 am »

See, if you didn't give all that money to the government you wouldn't care. You need to contact the labor board locally. The IRS got their money and they probably don't care.

-Tim

My guess is that the government didn't get their money and that's why he's playing games with the W-2.  He's used to dealing with illegals and pocketing the tax and social security money. Now he thinks he's got another immigrant he can take advantage of.   He's going to try to bully him and delay until you give up.  If he really paid the money, he would just fix the problem. 

The IRS has a way to deal with this:

If you do not receive your Form W-2, Form 1099-R, Form 1099-INT, or Form 1099-MISC by January 31st , or your information is incorrect, contact your employer/payer first. Many times they have been returned in the mail, for any number of reasons, or a substitute is available easily, even on line.

If you do not receive the missing or corrected form by February 15th from your employer/payer, you may call the IRS at 1-800-829-1040 for assistance. You must provide your name, address (including zip code), phone number, Social Security Number, dates of employment, your employer/payer's name, address (including zip code), and phone number. With your information, the IRS will contact the employer/payer for you and request the missing form. IRS will also send you a Form 4852 (PDF) (Substitute for Form W-2 or Form 1099-R).

If you do not receive the missing form in sufficient time to file your tax return timely, you may use the Form 4852. If you receive the missing or corrected Form W-2 or Form 1099 after you file your return and a correction is needed, use Form 1040X (PDF) (Amended U.S. Individual Income Tax Return).



The IRS will send him a letter, maybe that will scare him into fixing it. If not then proceed with reporting him to ICE and the IRS.




 

Logged

04/13/09  Sent I-129F to VSC
04/17/09   NOA1
08/21/09   NOA2
09/11/09  Received NVC Letter
12/10/09 CITA!- Approved!

12/27/09  Still waiting for Domex
12/28/09  Called Domex, Visa is ready! 3:30 PM
12/29/09  Left for Santo Domingo 6:45 AM
12/30/09  POE, Boston MA 9:00 PM
12/31/09  Married

AOS------------------------------------
01/16/10 Applied for Social Security Card. Burlington, VT
01/20/10  Sent AOS Packet Fedex
01/25/10  Social Security Card received
02/02/10  NOA1 For I-485, I-765 and I-131 received, dated 01/29/10
02/09/10  Received Biometrics Appt letter for K2, 02/24/10 in Manchester, NH.
02/09/10 Received E-Mail for RFE on I-485 for K2, waiting for letter.
02/10/10 Recieved Biometrics letter for K1, 2/24/10
02/11/10 Recieved RFE for Lost Medical for K2
02/14/10 Faxed letter to Senator Judd Gregg
02/24/10 Biometrics Appt
02/25/10  EAD and AP approved for K1 and K2
03/01/10 Senator Gregg's office called, USCIS found the medical exam
03/01/10 Received AP in the Mail
03/03/10 Recieved E-Mail, I-485 Transferred to CA for faster processing.
03/06/10 Received EAD Cards
03/12/10 Applied for SSN for K2 in Concord NH
03/19/10 Recieved SSN for K2
04/20/10  I-485 Approved
04/26/10 Green Cards Received
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Last 10 Shouts:
July 30, 2010, 02:37:17 pm
Opt, u're the one that has to cook?
July 30, 2010, 01:37:57 pm
I'm tired of cooking the same thing, we gonna do an all you can eat today somewhere Smiley
July 30, 2010, 01:37:56 pm
I'm tired of cooking the same thing, we gonna do an all you can eat today somewhere Smiley
July 30, 2010, 09:42:00 am
OPTI, can't you cook ? Make a special meal for them.
July 30, 2010, 09:22:36 am
Good morning, TGFI here I'm thinking where should I take my family to eat dinner today
July 30, 2010, 07:21:37 am
good morning everyone. TGIF
July 29, 2010, 06:28:12 pm
She's golden, Frank!  You will be together soon!
July 29, 2010, 01:24:30 pm
Thanks. She only had to wait 8 years and 2 months for the cita. Her brother had his a few weeks back and had the visa in his hands 4 days later
July 29, 2010, 01:23:05 pm
Best of luck to her
July 29, 2010, 01:19:29 pm
good luck to her frank!!
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