Question about H1 transfer/stamping

spm5166

Registered Users (C)
Hello,

I got my status changed from F1 to H1 on Jan 2004. Since my company was not aware of the rules, they continued to pay me without deducting Social Security and Medicare taxes from my paycheck. This was corrected on May 2004 and I received couple of months of paychecks without the FICA deduction.

I have 3 questions:
1. When I get my H1 transfer, is it necessary to provide all the paystubs? Can I provide paystubs from May 2004 onwards?
2. Can I do the same thing as (1) above when I go for H1 stamping?
3. Can I pay the FICA that I have missed out on when I file taxes at the end of the year?

One unrelated question:
-> If i get my H1 stamped when I have the visa with the current employer and if i transfer H1 and want to re-enter US, do I have to get it stamped again?

Please help.
 
spm5166 said:
Hello,

I got my status changed from F1 to H1 on Jan 2004.
Since my company was not aware of the rules, they continued to pay me without deducting Social Security and Medicare taxes from my paycheck.
----- that was wrong
This was corrected on May 2004 and I received couple of months of paychecks without the FICA deduction.
------ talk to HR or CPA I am not expert on Tax or SSN matters
I have 3 questions:
1. When I get my H1 transfer, is it necessary to provide all the paystubs?
------ when you work with orignal H1 employer then only 2-3 recent pay stubs are enough for H1 to H1 transfer
Can I provide paystubs from May 2004 onwards?
------ yes
2. Can I do the same thing as (1) above when I go for H1 stamping?
------- depends on consulate what they ask
3. Can I pay the FICA that I have missed out on when I file taxes at the end of the year?
-----ask your lawyer, CPA or HR
One unrelated question:
-> If i get my H1 stamped when I have the visa with the current employer and if i transfer H1 and want to re-enter US, do I have to get it stamped again?
-----NO, just show the past employer valid H1 Visa stamp AND your H1 transfer approval at POE and you will get I-94 till your H1 transfer approval notice, check your I-94 date at POE if the CPB inspector gives you I-94 till valid Visa stamp point out the mistake to him or ask for supervisor to correct it.
Please help.
 
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