L1-GC & Work in different state

C

chank101

New Member
Currently i am in L1B visa status. I have two questions

1) Although my company is based or registered in North Carolina, i am working for Client in Texas, Can i file my state tax for Texas, because no state tax for Texas.

2) Planning to apply for my GC. Once my GC process is started, can i change my status to H1B and proceed with same GC if
a) H1B sponsor is the same company ( I mean sponsorer)

Appreciate your reply. :)
 
I don't quite understand why you would change from L-1B to H-1B, what's the benefit? You still need a labor cert on either status and the time you spend on L will be substracted from the 6 year H-1B cap. Unless you are about to reach the 5 year L-1B cap, I don't understand why the change>? For GC purposes, whether on L-1B or H-1B is not relevant.
Regarding the Taxes, there is no State Tax in TX. Therefore nothing to file for Texas. You will still be taxed at the federal level per your W-2.
 
I can give reasons for changing from L1B to H1B
a) In H1B, i will get the stamping for 3 years but in L1B i will get only for one year, so after one year, if i need to re-enter US have to go for stamping again.
b) I can shift to different company if i am in H1B.

I understand that i need to file federal if i am in Texas. My question is, i am not supposed to work for a client other than my own company. So my actual employer located in North Carolina, can i show that i am working for a clinet in Texas, is it legal?..Currently y employer cuts my state tax (NC state tax) . hope you understanjd my question
 
You may still change employers if you are on L-1B by including a change of status also. You may also get L-1B extensions for over a year increment. Be careful before making any decision thinking that you are solving a problem when there is really no problem other than misinformation.

Your employer is that one who pays you your salary, not who you actually do work for. Your employer may assign you on a project to work at a different location from your employer's place of business. He continues to be your employer. This is totally legal provided that your employer had filed and obtained a new certified LCA (Labor Condition Application) with the DOL. This is done online and only takes minutes. Most likely, your employer or their attorney should have done this, otherwise you are "technically" out of status.
 
Hi chank101,

What is the address in your paystub. If it's ur TX address then you don't need to pay the state taxes. Ask ur employer to get the LCA from TX first, once it's done then you don't need pay any state taxes when you are working in Texas and also you get the refund from NC while filing the tax returns.
 
chank101 said:
Currently i am in L1B visa status. I have two questions

2) Planning to apply for my GC. Once my GC process is started, can i change my status to H1B and proceed with same GC if
a) H1B sponsor is the same company ( I mean sponsorer)

Appreciate your reply. :)
Click to expand...

GC is for future employment, and not necessary related to your current status.
So, changing status should not affect your GC process as long as GC sponsor company is williing to go with that path.
 
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