GC Expenses - Tax Deductable ???

Hi Avijsk & Krendel,

As I understand, the employer based GC is presumed to be initiated by the employer (not in my case though) and therefore all related expenses are taken for granted to be coming out of the employer's account. So, as an expense, the employer gets the benefit. If one can prove otherwise, I think the employee's case may get weakened.

Till we see the Green, everything is Red for us now. Dont feel pale, you need to keep Uncle Sam happy.

DIGS
 
yes

My CPA told me that its possible ot claim immigration related expences if you are calaiming itemized deductions. My CPM is typically bit aggressive though and is of the type " lets see after your rerturns are Audited" .
 
Thanks Unitednations,

It helps us to have a CPA in the forum. It also helps to have Unitednations in the forum.

DIGS
 
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unitednations said:
if you itemize, you can claim any expenses that you incurred for greencard expenses as miscellaneous deductions.
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Does it include lawyer expenses or only 485/EAD/AP fee?
 
unitednations said:
lawyer and filing fees.

note: these have to be amounts that you paid; not amounts that someone else paid on your behalf.
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Thanks a lot, Unitednations! (By the way, what "CPA" abbreviation does stand for?)
Did I get it right? I can claim tax deductions for H visa extension fee AND for the fees connected to 485 form (I am paying all expenses by myself)?
Recently our university (intl. office) started to charge for any visa-related processes (e.g., H1($400) and GC($770)). They called that a 'consultation fee' :) Can I get a reimbursement for that, too?

Thank you.
 
unitednations said:
CPA - certified public accountant

I'm more of a corporate CPA, and don't as a matter of course deal with personal tax return issues, although Iknow of the rules at high levels.

Sometimes when people ask me CPA related questions I have to look it up.

Back to your question, yes all those expenses would be tax deductible. However, keep in mind that you have to itemize and your miscellaneous deductions only above 2%of AGI are deductible.
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Thanks again!
I really appreciate your help.
 
I paid the fees in 2003...

UnitedNations,

I paid for my GC expenses in the year 2003. Can claim the expenses this year?
 
unitednations said:
lawyer and filing fees.

note: these have to be amounts that you paid; not amounts that someone else paid on your behalf.
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Thanks. I paid myself all GC expenses. My employer paid only for H1B.
 
In which Miscellaneous Deductions on 1040 Schedule A form?

unitednations said:
if you itemize, you can claim any expenses that you incurred for greencard expenses as miscellaneous deductions. Note: that only the amount of miscellaneous expenses that exceed 2% of your adjusted gross income can be deducted.

Therefore, if you AGI is $50,000, 2% is $1,000. If your miscellaneous expenses is $1,700, then you can deduct $700. This is only if you itemize deductions.
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Unitednations,

It's good to have a professional acknowledgement on this issue. But I'm wondering in which Miscellaneous deductions I should fill in on 1040 schedule A form? In schedule A form, there are "job expense and most other miscellaneous deductions" and "other miscellaneous deductions". I assumes we can classify the expense into job expense... column. Am I right? Please confirm.

Thanks a lot.
 
GC Expense deductible-not really

I am a CPA and tax pro, and I do not think that we can deduct the GC expense as 2% miscellaneous AGI in Schedule A. The expense is not qulified as deductible legal expense. So be careful on that.
 
I am one more CPA but I am more on corporate side like united nation. But I agree with United nation that immigration expenses are deductible as miscellaneous deduction, as thats a job related expenses. Without paying that amount you won't be qualified to earn the income you are paying tax on. So I would deduct it if I have paid it from my pocket.
 
IRS opinion on GC expense

Hi guys, I just called IRS and asked about if the GC expense is qualified as employee expense on Shcedule A for miscellaneous deduction, and they told me the expense is personal expense rather than job related expense, so it is not deductible on tax return. Hope this can help.
 
H1 - isn't it legal violation if you pay for your H1? i know people pay it but they can't claim that they are, cos legally company is supposed to pay for it??

Labor - isn't that company's property where you are just a beneficiary?
 
avi101 said:
H1 - isn't it legal violation if you pay for your H1? i know people pay it but they can't claim that they are, cos legally company is supposed to pay for it??

Labor - isn't that company's property where you are just a beneficiary?
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Where does it say it is legal violation (of what?) for beneficiary to pay for H1B? Not that I am happy I paid for, but which is the document that indicates the law that would have been violated?
 
su_su said:
I am a CPA and tax pro, and I do not think that we can deduct the GC expense as 2% miscellaneous AGI in Schedule A. The expense is not qulified as deductible legal expense. So be careful on that.
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Just curious. Why not it is legal expense?
 
H1B violation, settlement agreement, legal fees...

Do you mind if I ask an additional question since it's quite related to this post?
Employer violated the H1B by not paying my salary, overtime, allowances, health insurance... After a legal battle of 6 months, complaint to dept. of labor and over 15K legal fees to the labor lawyer, we had a settlement agreement. Now all these expenses, since they are vital for me to stay in the country in legal status are not tax deductible?
I read in quite few places that most legal expenses are not tax deductible, but it's not like just any other legal expense, if I lost the case, I would not be able to collect all my salary and overtime and had to leave the country in 180 days, will probably not able to file tax for that year since I'll have to leave the U.S. by Apr. 2005
It really doesn't make sense, while some corp. or individual can deduct toilet paper as expense but as immigrants we can not deduct although it would cost us to loose us everything we have in this country...
Well, than it's the law and nothing much we can do about it, I appreceiate if someone care to answer... :confused:
 
need more help to sue employer abt h1b fee, back pay for wages

hi orenz,

i am suing my former employer. DOL said they can not honour the claim if it is more than 2 years old(california state law). did you hire private attorney ?

i am thinking to file another claim to collect H1B fee(i paid) from former employer.


please suggest and let me know your experience
 
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