Q&A’s published on Lawyers.com and the Epoch Times on November 22, 2019 1. What Evidence Do I Need to Prove That a Person Didn’t Have to File His Taxes Because He Wasn’t Working? 2. Initiating H-1B Transfer After Entering the Country 3. Applying For a Re-entry After Deportation

1. What Evidence Do I Need to Prove That a Person Didn’t Have to File His Taxes Because He Wasn’t Working?

During 2016 and 2017 this person wasn’t working. He filed his taxes on 2018 for the first time. He is a sponsor for form I-864 and we need evidence to demonstrate that he didn’t have a job until 2016 (we got a RFE asking for the taxes and supporting documents for 2016 and 2017). I’ve been told that I can ask for a tax preparer letter but I don’t know how.

Mr. Lee Answers:
Your sponsor could explain in a statement to U.S.C.I.S. that he was not working during those two years, and supply any proof that he has supporting his statement. For example, a person who was a student would generally be able to supply a copy of the student body card, and transcript of schooling, or another could show that he was being claimed as a dependent on someone else’s tax return.

2. Initiating H-1B Transfer After Entering the Country

I am currently working for employer A on H-1B visa for over a year now. I got an offer from employer B in June 2019. Before employer B could initiate the transfer, I had to leave the country to attend to a family emergency in early July 2019. While outside the country, I got my visa stamped using employer A’s I-797 petition. The visa is valid through 2022 and does not list my employer name. Can I start the transfer to employer B right after entering US (within 1 week)? My plan is to resign from employer A only after the transfer gets approved Questions: 1. Will USCIS consider it as fraud if I file for H-1B transfer within 1 week of entering the country? 2. If the transfer gets denied, can I continue to work for employer A 3. Is consular processing safer

Mr. Lee Answers:
You may have a valid concern if employer B initiates the process for transfer within a week of your coming back to the US. Perhaps a more safe situation would be waiting to submit the petition until you have three pay slips following your reentry to the US. Generally speaking, as long as an applicant has not transferred to the second employer, he or she is able to remain with the first employer if the transfer petition is denied.

3. Applying For a Re-entry After Deportation

I was deported in 2011 and was banned for 10 years can I apply for an early reentry I have 2 US citizen children and I will soon marry there father which he is a US citizen.   
Mr. Lee Answers:
When you are ready, you can submit form I-212 application for advance permission to reenter the US after removal. You should of course fully document the application with all your equities including family members who are US citizens or permanent residents, hardship to all members of the family including you if your application is denied, and anything that you have done positively that can be looked at. If you are also barred because of unlawful presence in the US, you will also have to file an I-601 application to waive the bar of inadmissibility in which the primary concern will be proving extreme hardship to a US citizen or permanent resident parent or spouse if the application is denied.