justcuriousaa
Registered Users (C)
Hi,
Here is my status.
I am on H1B - 6th year, visa expiring in July 2009.
I have approved Labor and I140 and hence I want to apply for H1B extension now, since I have only 5 months left.
I work for a desi consulting company (around 10 employees) based in Texas.
But I work for client in California for past 3 years.
Since my company is in Texas, they run my payroll from Texas and does not deduct California State Tax.
At end of year, while tax filing, I pay the California tax with interest and penalty.
Also, my H1B - LCA is for Texas state
And my GC Labor Perm is also obtained for Texas.
Now as you know, the H1B scrutiny process is on the peak and there are lot of cases of arrests along with denial of H1B cases.
I also read in one of the immigration forums that " Employees working in a geographical location other than the one mentiones in LCA is a violation"
Also, i read that one of the cases where they arrested H1B employer is because he was running payroll tax in a different state whereas the employee was working in a different state.
Both of these are what my company is doing for me.
1) The question is if I apply H1B extension now, what is the chance of me getting RFE/Denial or worst case arresting or whatever?
I am really confused.
2) What can I do now? Any steps to resolve this?
3) Can I ask my employer to deduct CA tax for me and run payroll from CA and do a LCA for California?
4) If I do so, will it affect my GC process since my Perm(LC) is already certified for Texas?
I am really confused. Please help.
Here is my status.
I am on H1B - 6th year, visa expiring in July 2009.
I have approved Labor and I140 and hence I want to apply for H1B extension now, since I have only 5 months left.
I work for a desi consulting company (around 10 employees) based in Texas.
But I work for client in California for past 3 years.
Since my company is in Texas, they run my payroll from Texas and does not deduct California State Tax.
At end of year, while tax filing, I pay the California tax with interest and penalty.
Also, my H1B - LCA is for Texas state
And my GC Labor Perm is also obtained for Texas.
Now as you know, the H1B scrutiny process is on the peak and there are lot of cases of arrests along with denial of H1B cases.
I also read in one of the immigration forums that " Employees working in a geographical location other than the one mentiones in LCA is a violation"
Also, i read that one of the cases where they arrested H1B employer is because he was running payroll tax in a different state whereas the employee was working in a different state.
Both of these are what my company is doing for me.
1) The question is if I apply H1B extension now, what is the chance of me getting RFE/Denial or worst case arresting or whatever?
I am really confused.
2) What can I do now? Any steps to resolve this?
3) Can I ask my employer to deduct CA tax for me and run payroll from CA and do a LCA for California?
4) If I do so, will it affect my GC process since my Perm(LC) is already certified for Texas?
I am really confused. Please help.