Jim, Jaxen-need ur help! - Not a very happy situation, your help and input is appreciated!!!

H

Hope99

Registered Users (C)
Hi guys,

I know that this probably is not the right forum to post this question on but i would greatly appreciate if you could tell me where i should direct this question and if anyone happens to kno the answers please help me out with the answers!!!

I\'ve a friend who is in a real jam, here\'s his situation.

H1 approved from Company "A", for $ 36,000.00, since the sponsor only paid him $ 12,000.00, he had to look for something else. He now works for company "B" who pays him more but is not his original sponsor. W-2 forms from company "B" do not reflect a salary of $36,000.00. Here are his issue\'s, how do we sort this out???

1. He is not supposed to work for anyone other than his original H1 sponsor but he already has and has also accepted paycheck from him. Will INS find out and if they do what happens???

2. His wife was on an H1 but lost her job a couple months back, they never changed her status to an h4 or her daughter\'s who was on her h1 as a dependant. We cannot change her status to an h4 on her husband\'s h1 \'cause he only makes $12,000 a year and the INS is going to question how he would support them?

3. My friend is unable to get any tax breaks for both wife and kid since they are not shown as his dependants on his h1 even though they actually are dependant on him.

Guys, if any of you may have faced a similar situation or know of a case like this your input would be appreciated. Thanks for your time in advance.

Thanks
hope99
 
Real sob story

1. If INS finds out it will deport him. But will any 3Yr/10Yr law will apply is a different matter. Company A is also in trouble. If possible try to work a contract between A and B (I know some straw like sugestion)
2. What is the question?

3. You don\'t need to show dependents in H1 to claim tax break. There is no such law. Amend any tax returns as soon as possible.

 Ask company B to do a H1 transfer, at least he can preserve the future status. Most of the avenues seem to be closed.
 
Hi jaxen, thank u for ur response, a question for u!!!

Hi jaxen,

I understand my friend has gotten himself in a big soup with all of this. But i don\'t see a lot many options open for him at this point.

1. How do we work a contract between two companies if both of them are in a totally different field? Is it possible for him to fix his immigration issues and get things resolved, as his lawyer is asking for a large sum to fix everything but with all the jumble-mumble he has what are the chances of him getting an h1b transfer approved and a GC approval in the future? You mentioned about some 3yr.10yr law, what is that about???

2. The question is how do we get his wife and child transferred on h4 since his wife was on an h1 and lost her job and hence lost status. With such a low income will the INS approve their h4 and be convinced that he can support the dependants??
 
3. How do we amend the tax returns, at the moment he is not accepting any pay-checks from company "B" he is filing his taxes thru company "A". I hope i\'m making sense to you, sorry about putting you thru the pain of answering these confusing questions. By tax break, i meant maybe he could get a tax refund by showing that he has a dependant wife and child to support.

Thank you for taking the time and effort to respond, your help is greatly appreciated.

Thanks
hope99
 
Some info

If your friend fulfilled his contractual obligations to earn the company \'A\' $36K then the $12K was underpayment and he should consider recovering the balance $24K.

Working for company \'B\' was illegal unless he was sub-contracting to \'B\' through \'A\'. The legal status of the family may need an attorney\'s opinion. Being out of status for 6 months invokes a 3 year ban while being out of status for more than a year invokes a 10 year ban.

I think claiming dependent spouse and kid as dependents on the 1040 is not illegal. Also if the earnings were less than $32,121 for 2001 then one may qualify for EIC (earned income credit). Don\'t know if your friend would qualify for federal and state assistance.

Ask him to get in touch with an attorney. He sure needs the help. If he cannot afford it try emailing or calling Jose Latour (www.usvisanews.com), Jim Mills (get email address from his postings here) or Rajiv Khanna (www.immigration.com). These folks have helped plenty and God knows your friend can do with some assistance.
 
your friend can still work it out with A and B

1) the wife has been out of staus for only 2 months ( less than 6 months) so she can still try to get in H4 status. As INS had indicated they wil be lenient for out of job H1s as the economy has been doing so badly, on a case by case basis.
So if company A can show a $36,000 job for your friend\'s H1 why can\'t they show $36,000 job again for his wife\'s H1 to H4 transfer. Worst come to worst, she may have to go out of the country and re-enter on H4 ( if INS is strict on her 2 months out of status)
2) Both company A and B can be in trouble as A paid less than promised and B hired wihout proper authorisation.
Working for B And accepting checks ( and not cash) is his biggest blunder. Maybe there is some way a company can rescind W2s, ask him to talk with company B, and I think company B will be cooperative as they could also get into a problem here with INS.
you haven\'t mentioned how long he was with company B.
3) INS and IRS don\'t talk to each other, so there is no problem there. He can still show them as dependents and claim the tax break, by filing 1040-X. He can amend returns for last 2 years,1999 and 2000. INS never asks for tax filings. At least not till the green card. I don\'t know about citizenship.
 
Thanks very much to Jaxen, DikJr and Sanjig for your response!!!

Thanks you guys for your kind response and for the detailed info you provided.

DikJR - Company "A" is not willing on paying him the balance 24K, but that\'s a different story again. I hope he may qualify for the EIC that you suggested. I did write to Jim mills last nite but haven\'t gotten a response from him just as yet. Will definately write to Jose Latour and rajiv khanna as well to see if they can be of some help. Thanks again for your help on this. His lawyer is asking for a large sum to fix his legal issues but more than that there is no gaurantee whether on not he would get approved after spending all that money.

Sanjig - His wife status still shows her on the previous H1 as her employer did not inform INS about it. Would it be possible to show that she was on unpaid leave and then quit her job and would now like to get transferred on her husbands h1 as a dependant. I\'m just thinking this out loud, not sure if it would work.

2. He has been with company B for almost a year now. We were thinking of getting a good lawyer once we get a response from either jim mills or rajiv khanna and get this mess sorted out.
 
3) I\'ve downloaded the 1040-X forms for his dependants. Thank you for your insight on that. I\'m sure this is going to be of great help to him.

Guys, looking at the responses i get, it still feels that there is still a lot of good in this world along with the bad and people like you make this place a better place to live in.

Good luck to you all.
hope99

   

   2.1 Amen for both DikJr and Sanjig
 
What a mess!

I\'ve been thinking your friend\'s situation over since I got your email. That\'s why you did not get a more rapid response.

This needs to be broken into separate issues and addressed individually. The way I see it there are the following issues and my suggested response (or at least an initial point to consider:

1. His former employer underpaid him.

Probably the best way to address this would be to bring suit against the former employer for unpaid wages.

2. His situation with the current employer.

Thee\'s not really enough information here to be sure exactly what is going on and what to do, but he needs to be employed by the employer that holds his H-1. Hopefully, this could all be corrected as a clerical error. Left uncorrected there are serious questions regarding tax fraud and illegal employment. This is really the biggest problem right now since it sounds as if he is working under an assumed identity.

3. His wife and child\'s situation.

This is the easiest problem of his to correct. She needs to file an I-539 to change status to H-4.

4. GC sponsorship from his former employer.

Obviously, this presents problems if he brings suit. There are also questions about ability to pay the offered wage. It may be possible (in fact it almost certainly is) but it may change the way we handle problem 1 above.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Hope99, what is your profession??

$12K?? it means just a thousand dollars per month???? What is your profession?? I sells hotdog and I made more than that..

Do you want to be a cap driver? I guarantee you can make more than 24k per year..
 
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