salaried vs hourly W2

A

avisuddu

Registered Users (C)
Hi,
It's been more than a year since I applied for I485. I am planning to move from a salaried employee to an hourly employee. I will still be on W2 though. My employer is saying it is still W2 but it will show up as hourly.

Do you see any issues with me moving to an hourly based W2 from a salaried W2. My expected hourly based wage is going to be much higher than my salaried income.Also, what are the differences between these two kinds of W2s. Does INS "prefer" any one of these W2s?

Any information is greatly appreciated.

Thanks
 
Salary employee will have all benefits(insurance, PTO and /or OT)
+Plus bonus if applicable.
hourly employee stricltly paid for the hours you work.
 
As long as it is W2 and your job description has not changed, there should not be any problem. But be cautious, if your employer pushes you from a regular employee category to a contractor and 1099 category. Sometimes employers do that to show that they 'downsized' and work is getting done with some temporary 'help' - meaning contractors.

Is that a bad thing? Not necessarily. But if you are no longer a regular(full-time employee), INS might want to know about your future employment intentions.

Differences between the W2s are - like someone already explained - no benefits. Only your state, federal taxes and medicare are withheld. In some cases, they offer to include you in their group medical insurance, but you might have to shell out a percentage from your pocket, which could be quite higher than what a salaried employee pays. In other cases, you are pretty much on your own for health insurance. You get your own insurance and will be spending a even higher amount for individual or family insurance(of course, depends upon the plan)
 
EVL should take care of the future employment...mention permanent (or regular) full-time employment offer.

Also, though this is not a legal requirement, it would probably help if, while on hourly pay in the curent job, you are working at least 40 hours/week.
 
Originally posted by canus_immi
Salary employee will have all benefits(insurance, PTO and /or OT)
+Plus bonus if applicable.
hourly employee stricltly paid for the hours you work.
Click to expand...

WRONG! It basically depends on what kind of employment contract you have. I've been an hourly contract employee with W2 for a long period of time, getting medical benefits, 10 days paid leave, etc. In fact if I've to work extra hours (> 8 hrs), I get paid for that too. The paystub shows up as X hrs * <Rate> = Amount. I don't think it's an issue, as long as your salary, Job position as stated in LC matches.
 
Do you guys think "full time W2 employee" phrase would suffice for the EVL or you think I need to have the "regular/permanent employee".

Thanks for all your responses so far. I am just trying to determine if the few extra buck that I will earn with the hourly W2 is worth the risk, if any.

Thank you
 
I think "permanent employee" sounds better. But, I would definitely like to see what veterans over here have to say.
 
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