Issue with Tax paid state vs Filed state

K

kris_1973

Registered Users (C)
I move to CA this year starting and my I-140 got approved from TSC.
My employer (who is also in TSC area) by mistake is still holding my Previous state tax which falls under TSC area. But my lawyer filed my 485 in CSC. So can some one please let me know if there will be any issue with my case.
 
kris_1973,

If you moved your residence to CA and working in CA then you must pay California State tax. If proper amount is not deducted and paid by your employer then you could be fined while filing for taxes at the end of tax year. Also note that in some RFE's CSC could ask for quarterly wage statements filed by your employer (with tax info etc.).

With respect to your GC the most important thing is "Did your GC job also moved to California or is it just a temporary move?" Or is it specified in your LC that probably you may need to work in CA too? You need to look into those things first unless you finished 180 days in AOS stage. Talk to your attorney about these things.

-PCee
 
You employer should start deducting CA tax immediately. Finally, you will have to pay tax to CA prorated from your date of move, and you will get refund from the other state (as you already know, you will have to file tax returns with both states). You may have to pay some penalty to CA (if the total withholding is less than required).

Other than that, I don't see any issue.
 
Hi Thanks for your reply guys,
Basically I am planning the same thing of taking refund from my Previous state and filing in CA. WIll this solve my problem that arises of it.
Also regarding my GC, I am giving my friends address as the address for INS and I am also planning to move to stay in CA till i get my GC processed.
SO will this help me any way.

Also, do we need to specify in LC that i can work any where?.

Thanks,
 
Mr Pcee..can u please reply

U mentioned "Temporary Move". How is this going to effect my GC. If i stay back in CA till i get my GC, will this be ok . WHat will happen if we dont specify in LCA that my job need to be done in CA too?.


Thanks in advance
 
kris_1973,

Your situation may be different but in general...

When ever some one files for EB based GC under (EB2/EB3) there must be a GC job at specified location, salary etc. (all these details are specified in LC). While processing for GC if that job disappears then one cannot get GC based on that job any more, unless if it happens after 180 days after filing for I-485 (where one can use AC21 provison to change jobs). Before that if the job location changes (note that LC is location specific) then one need to start all over from LC (unless in LC job location is specified as dynamic). If company name changes then one need to refile I-140 etc. So now in your situation if you were working in TSC area in your GC job and moved to CA recently then does it means 1. Your GC job in TSC is still there? or 2. that job moved to CA?

Talk to your attorny about these things.

-PCee
 
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