Legal Question in Immigration Law in New York

F-1 to H-1 to Green Card

Two quick, related questions:

1) If a student has been an F-1

Student for around 5+ years and is

applying for H-1B, what documents

need to be shown? Does the

student need to disclose Tax

returns for all the years? Does the

student even need to disclose tax

returns? Is the only thing needed

are W-2's from the company

sponsoring the H-1?

2) Also, when going from H-1 to

Employment based Green Card

application, how many years worth

of tax returns need to be

disclosed?

Thanks.


Asked on 2/19/09, 5:41 pm

2 Answers from Attorneys
Douglas Lightman Lightman Law Firm LLC

Re: F-1 to H-1 to Green Card

1. There's a series of supporting documents that need to be included, such as degree, transcript, evidence of current F-1 status, etc. Supplying income tax returns of the beneficiary is not generally necessary.

2. Green Card - tax returns are generally not required here either.

It is highly recommended, regardless of your situation to properly file your income tax returns.

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Answered on 2/19/09, 5:49 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: F-1 to H-1 to Green Card

Generally, you do not need to show your tax returns to apply for an H-1B, but if you have been working without authorization, then it may raise issues with regards to your eligibility for an H-1B visa.

As for your application for your green card, you may have to show that you are paying taxes, in addition to showing your W-2 (if you are sponsored by your employer).

You should discuss these issues with an attorney in detail to ensure that you remain eligible for immigration benefits.

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Answered on 2/19/09, 5:52 pm


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