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W2not accepted for lca approval

San Diego, CA |
Filed under: Immigration

My lca was rejected due to FEIN validity, I faxed in my w2 with my name, employers name and FEIN on it but this wasn't accepted? What does pre printed tax return mean? What else can I do? Thanks!

Attorney Answers 4

Posted

This is an issue for your employer, your employers HR or employers counsel and not you. In fact you are not supposed to be a part of the process at all.

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Posted

You should be doing nothing.

It is not 'your' LCA ... that is the property and responsibility of the employer.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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4 comments

Asker

Posted

Hi, Im just investigating as they didn't know what else to submit? can you help me?

F. J. Capriotti III

F. J. Capriotti III

Posted

Are you saying that their immigration lawyer doesn't know what to submit? Or .... that they're trying to do this without an attorney? Make sure that they meet with an attorney before doing anything more ... this is not an easy, nor simple process.

Asker

Posted

They have done it before several times without an attorney, this is the first time they have had to approve the FEIN. Can you tell me why a W2 isn't accepted or what is better documentation? I would really appreciate it, thanks

F. J. Capriotti III

F. J. Capriotti III

Posted

First a W-2 isn't actual 'proof' of a FEIN ... there are other forms. Second, I can only assume that they got 'lucky' not using an attorney several times before and that they should re-consider their no-attorney policy. Especially since cap-exempt and extensions are the only type of H visas that can be filed at present. Good luck.

Posted

YOU can do nothing on this; it is solely between your employer and the US Departmentof Labor. The only thing you can do is wait to hear the outcome. Sorry!

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.

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Posted

Is your employer asking you to file the LCA or you are doing this with/ without company representation? In any case, employees do not file LCA(s.) LCA is to be filed by the employer.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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