#### Is This Legal? Gurus Please Help ####

you can not pay taxes on AOS

A Green Card is for future employment. One is allowed to be on EAD and not be paid by his employer. In such a circumstance, the EAD is proof of the applicants immigration status. But after the 485 is approved, the applicant must work for the employer who sponsored the GC.

Also one need to keep in mind that while one is on EAD, he is allowed to accept addittional employment outside of the employer who sponsored the GC. I feel It is perfectly okay to use the parole to enter the US and then get paid allowance in cash.

The applicant has to be aware that in case the petition is approved. he will be required to start working for the employer who sponsored the GC. If not the same employer then in a similar position in a different company by using the AC21 provisions.
 
Chitrakut said:
A Green Card is for future employment. One is allowed to be on EAD and not be paid by his employer. In such a circumstance, the EAD is proof of the applicants immigration status. But after the 485 is approved, the applicant must work for the employer who sponsored the GC.

Also one need to keep in mind that while one is on EAD, he is allowed to accept addittional employment outside of the employer who sponsored the GC. I feel It is perfectly okay to use the parole to enter the US and then get paid allowance in cash.

The applicant has to be aware that in case the petition is approved. he will be required to start working for the employer who sponsored the GC. If not the same employer then in a similar position in a different company by using the AC21 provisions.
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Thanks for your post. where did you get this info?
 
fast_gc_seeker said:
Sorry folks but I'm still not clear if my question is more an immigration question or a tax question based on my immigration status so I'm posting it again.
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Your question is a tax question. So long as you have the EAD, you're covered on the employment front. The per-diem might be untaxable, but as I mentioned you run a significant risk of meeting SPT and being forced to declare your worldwide income.
 
i suggest you read this pub 519 in the irs web site. its got lot of case of when and where a non-resident alien or resident alien is taxed.
i am not sure if you qualify as a NR alien. if you had recently left USA then you might come under SPT scrutiny.

not all indians/ foreigners here on business visa are required to pay taxes. there are lot of exemptions like if you are paid by a foreign company for your stay then you do have to pay taxes even if you stay beyond 31 days, training, teaching...etc. there is also a tax home concept...i mean it can make your head spin. you might have read and read again to really understand where your case falls under IRS rules

http://www.irs.gov/publications/p519/index.html
 
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