# 189 VISA ... Evidence of employment



## gunnerrific (Feb 9, 2014)

For 189 VISA will the case officer ask me for W2 form from US for the year 2007 ? I have worked for 2 different employers in the United States. I have W2 of one employer but not for the earlier one as I did not file for my taxes due to lack of knowledge more than anything. I was fresher back in 2007 and was unaware of tax returns at that time when I joined my first employment. I have submitted my tax documents ever since. What if CO asks me for W2 of 2007 ? I do not even have bank statements or payslips for 2007 as I have closed my bank account before moving to India in 2010. Should I not include the employment at all during skill assessment? All I have is reference letter. Please advise


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## rahulreshu (Aug 11, 2013)

Having a W2 and filing taxes are 2 separate things. Your employer is supposed to send you a W2 which shows various deductions, payments to you, etc. Doing tax returns is your responsibility. How many months did you work with this employer? Whole of 2007?


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## Guest (Feb 27, 2014)

Looks like you wont be claiming points for that year. 

Didnt know you had to file taxes 

You were old enough to be in a foreign country as a graduate in employment yet didnt know to pay tax


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## gunnerrific (Feb 9, 2014)

_shel said:


> Looks like you wont be claiming points for that year.
> 
> Didnt know you had to file taxes
> 
> You were old enough to be in a foreign country as a graduate in employment yet didnt know to pay tax


I am sure I was old enough but things are the way they are and I cannot change it now. Please suggest if I should include my employment for the year 2007 or not. I worked between 2007 may and 2007 November. I would be more than happy to NOT include it as I might end up in trouble if CO asks for W2 more so because I feel I have enough points i.e. > 60


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## Guest (Feb 28, 2014)

If you can not evidence it you shouldnt include it or risk being refused. 

Usual evidence of employment is references, pay slips, tax documents and sometimes bank statements.
This is required to evidence 1, you were paid as a professional and not a trainee or volunteer which doesnt count. 
2, that it was legal ie tax paid. Work that is not legal doesn't count. 
3, that it was full time. Amount received can indicate this because anything less than full time doesn't count. 

Your word is not enough. Simply people cant be trusted to tell the truth which is why evidence that can be verified against government records is important.


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## rahulreshu (Aug 11, 2013)

Hey _shel, assuming this was this person's 1st job, wouldn't it become part of the experience that would be counted as unskilled (and thus not counted towards points)? If so, is it necessary that you still be paid (and provide proofs) during that unskilled experience?


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## Guest (Feb 28, 2014)

Depends on the occupation and the skills assessor.


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## Alnaibii (Jul 18, 2013)

_shel, they consider your experience if you worked at least 20h/week. So not necessarily full-time.


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## Guest (Feb 28, 2014)

Alnaibii said:


> _shel, they consider your experience if you worked at least 20h/week. So not necessarily full-time.


 Still full time by their standards and part time can be 10, 15 or 18 hrs which wont count!


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## ozbound12 (Mar 23, 2012)

gunnerrific said:


> For 189 VISA will the case officer ask me for W2 form from US for the year 2007 ? I have worked for 2 different employers in the United States. I have W2 of one employer but not for the earlier one as I did not file for my taxes due to lack of knowledge more than anything. I was fresher back in 2007 and was unaware of tax returns at that time when I joined my first employment. I have submitted my tax documents ever since. What if CO asks me for W2 of 2007 ? I do not even have bank statements or payslips for 2007 as I have closed my bank account before moving to India in 2010. Should I not include the employment at all during skill assessment? All I have is reference letter. Please advise


You know you can file old tax returns right? You might want to do this if you ever plan on going back to the US again.

You can also contact your previous employer and ask them for a copy of your W2 - they should have them on file. I had to get copies of my old W2s when I applied and they were able to print them out from their payroll software in a couple of minutes. If that doesn't work, you may be able to get them from the IRS directly but you'll have to fill out some paperwork (have a look through their website), there may be a fee and you can expect a lengthy wait - months probably.


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