My emplorer is not paying taxes..

[new_2005]

Friends,

I've few questions..but let me tell you first about myself. I was graduated with MS degree in May 2004. and OPT was epired on 05/31/2005.

Company A had applied for my H1 in last October 2004 for starting date: 08/01/2004. But till date, I've not been received any job till date from Company A. In between, I've been working on diff projects in other companies on CASH basis.

Now, my company A is agreed to give me pay stub for current month and in return, I have to pay employer taxes.

My questions are:

1) Company A is not going to issuse pay stubs until I agree to pay for taxes from Jan 2004, which is around 5,000 USD. In that case, if I pay, I won't be able to get any pay stubs for prev months. I would only get a letter saying that I've paid taxes from Jan 2005 from payroll processing company.

Is it necessary thing to do ?? if yes, then is that okay if I pay taxes from my OPT expired month, which is 05/31/05 ?

2) If company B is ready to process my H1 transfer, what are the documents do I need ? Is it possible to process H1 transfer without any pay stubs and W2 ?

ps: I haven't travelled outside US, after getting my H1 approval in last October, 2004.

Thanks for your help...
Karan..

 

[great guru]

Friends,

I've few questions..but let me tell you first about myself. I was graduated with MS degree in May 2004. and OPT was epired on 05/31/2005.

Company A had applied for my H1 in last October 2004 for starting date: 08/01/2004. But till date, I've not been received any job till date from Company A. In between, I've been working on diff projects in other companies on CASH basis.

Now, my company A is agreed to give me pay stub for current month and in return, I have to pay employer taxes.

First of all you should understand the practice. Whenever a company pays you salary, it will deduct your federal/state/SSN/Medicaid taxes and pay to respective agency directly on your behalf. At the same time company has to pay 7-11% of taxes to state(depends on the state where you work) on your salary as payroll tax.

Now re-pharase your question again.

My questions are:

1) Company A is not going to issuse pay stubs until I agree to pay for taxes from Jan 2004, which is around 5,000 USD. In that case, if I pay, I won't be able to get any pay stubs for prev months. I would only get a letter saying that I've paid taxes from Jan 2005 from payroll processing company.

Is it necessary thing to do ?? if yes, then is that okay if I pay taxes from my OPT expired month, which is 05/31/05 ?

2) If company B is ready to process my H1 transfer, what are the documents do I need ? Is it possible to process H1 transfer without any pay stubs and W2 ?

ps: I haven't travelled outside US, after getting my H1 approval in last October, 2004.

Thanks for your help...
Karan..

 

[new_2005]

Great Guru,

Thanks for yr reply. Ok. I understand wht you are saying. But my questions still remain there.

1) Company A is not going to issuse pay stubs until I agree to pay for taxes from Jan 2004, which is around 5,000 USD. In that case, if I pay, I won't be able to get any pay stubs for prev months. I would only get a letter saying that I've paid taxes from Jan 2005 from payroll processing company. Is it necessary thing to do ?? if yes, then is that okay if I pay taxes from my OPT expired month, which is 05/31/05 ?

As I have not received any pay stubs from company A since my H1 starting date (10/01/04), I guess, company A has not paid any taxes to state/federal. Now, as they agree on issuing pay stub from this month onwards, according to them, they can't do it, until they pay for previous month's un-paid taxes (state/federal, payroll taxes) from January 2005 onwards.

Is it really true/required do that ??? Can't they do it just from this month onwards ? If no, then what type of query could be questioned?

2) If company B is ready to process my H1 transfer, what are the documents do I need ? Is it possible to process H1 transfer without any pay stubs and W2 ?

 

[orangetreats]

Hello,

I think your employer is committing a whole slew of violations

First, when you have an H1b visa, your employer should pay you
exactly the same amount specified in LCA.

You should be getting salary from Oct 1 2004. If there are breaks in salary then it should be justifiable. INS nowadays seems very strict with this since lot of desi companies seem to "bench" employees without pay.

You cannot get paid on cash basis. all monies paid to you should be throroughly documented by ways of taxes ( social/state/fed/medicare )
and your net/take-home salary.

I dont know that i have any remedial suggestions ....but get the hell out of this company..... I hope you are not trying to get your gc thorugh this company ????

Did you pay any taxes for 2004 year ???

 

[new_2005]

orangetreats ..thanks for your reply..and as you said, im trying to get rid of this company. and as i was told by other companies that i need atleast 2 latest pay stubs for h1 transfer. is it necessary ??? and if u know, what are the other docs required for that?

thanks again..

 

[orangetreats]

Personally, opinionwise here are your options

1. File a NEW H1b visa. For this you will not need any paystubs. After your H1b visa gets approved they will NOT issue you a I-94 card. You will have to leave the country and get your PP stamped with a travel visa outside this country and then enter this country.

2. This could be a convoluted option given your situation...
You gotta play devils advocate here....

Convince your company to get at least 2-3 months of latest paystubs and then file for H1b transfer with a new company. (To file transfer you need at least 2 months paystubs..Some have been asked more)
But here is the crux ...if you are asked for W2 for 2004 ..you are screwed....I dont know how you can work around this ... ( I have seen a few cases where W2 have been asked ) ....

I dont know if members on this forum have more options...

orangetreats ..thanks for your reply..and as you said, im trying to get rid of this company. and as i was told by other companies that i need atleast 2 latest pay stubs for h1 transfer. is it necessary ??? and if u know, what are the other docs required for that?

thanks again..

 

[new_2005]

orangetreats, one last question...is it possible to file a new H1, when you have already one ? i mean, that's what my case, I think !!

or do u mean to say that, as I haven't gotten any pay stubs, my H1 might be revoked, so I can be any for NEW H1 from different company.

pls verify, if I am wrong !!

thanks a lot..karan..