Tax question for Gurus

C

clear485

Registered Users (C)
Unitednations,

I am glad to ask this tax question to you....

Applied AOS in 2003....This year I worked for 9 months and took 3 months leave....my W2 will show up nearly 45K and expences will be 3K....my question is Can I include this 3K into my gross salary inorder to pay taxes....then my W2 will show up total gross amount is 48K....

Can I do it ? Clearly asking you is, Can we include expences (perdiem amount in W2) with gross amount ?

If we can, then we need employers hand in this or else I can do myself ?

Thanks for your time
 
If it's per diem expense re-embursement (like food, lodging) you are not required to report to IRS. But certain types of expenses you need to report (like mileage re-embursement for driving your own car).
However, if you really want to add 3K expense, IRS will be very happy.
If you want show more income for the purpose of your pending I485/I140 application I am not sure adding 3K on the top of 45K helps too much. As you took 3 month leave, that explains truthfully why your income is lower - and it can be good explanation for USCIS too. Secondly, if they are really doubtful about your income, they will ask for paystub which provides better picture to figure out your actual salary.
Tax return/W2 never provides correct picture of salary because some people take unpaid leave (like you), some get hefty bonus and some have income from their parttime job too.
 
Good explain....

Good explaination....

Is it OK, if we are on unpaid leave when I was on h1b Status.....(I am still working on h1b)......

How can I add myself this 3K into my gross amount (because employer sends W2 that shows 45K gross and 3K perdiem)...Can we change this while filing taxes to IRS.....(can we say all amount is gross).....

How important is W2s at the stage of I-485 pending....(140 approved).....

Thanks
 
clear485 said:
Is it OK, if we are on unpaid leave when I was on h1b Status.....(I am still working on h1b)......
Click to expand...

Why not. If your employer is OK with it, who is going to stop you from taking leave? Unpaid leave has nothing to do with H1 status - as long as you are considered employed in that period.

clear485 said:
How can I add myself this 3K into my gross amount (because employer sends W2 that shows 45K gross and 3K perdiem)...Can we change this while filing taxes to IRS.....(can we say all amount is gross).....

How important is W2s at the stage of I-485 pending....(140 approved).....
Click to expand...

If you are really interested to add that in your income :rolleyes: , you can do that in the same line where you put W2 incomes - adding 3K with your W-2 total. As far I remember it is line number 7 on 1040 ("Salary, wages etc").
 
clear485 said:
Good explaination....

Is it OK, if we are on unpaid leave when I was on h1b Status.....(I am still working on h1b)......

How can I add myself this 3K into my gross amount (because employer sends W2 that shows 45K gross and 3K perdiem)...Can we change this while filing taxes to IRS.....(can we say all amount is gross).....

How important is W2s at the stage of I-485 pending....(140 approved).....

Thanks
Click to expand...
Regarding taking unpaid leave while on H1 ... its not as simple as it sounds ...

Were you in the US during this "unpaid leave period" ? If so from what I've read, your employer is supposed to pay you. If you were out of the country its OK.

I don't think employers can legally make H1 employees (in the US) go on unpaid vacation (even though the employee requests it)
 
max2k1 said:
Regarding taking unpaid leave while on H1 ... its not as simple as it sounds ...

Were you in the US during this "unpaid leave period" ? If so from what I've read, your employer is supposed to pay you. If you were out of the country its OK.

I don't think employers can legally make H1 employees (in the US) go on unpaid vacation (even though the employee requests it)
Click to expand...

Yes, it's little bit complicated, but till today there is no rule (atleast I am not aware of) that states that H1 holder must be paid even if he/she takes leave in USA. If some H1 employee really wants to take some time off in USA with unpaid leave and employer is Ok with it (and this leave is not a "going back to benching", but for a valid reason), I don't see any issue with it.

But taking 3-4 month leave in USA definitely can raise concern about employer's ability to pay - unless it was some health reason where the H1 holder could not work, but required to stay in USA for proper treatment.
 
Thanks

Excellent link.....

What if I(H1) take 3 months leave for my wife's (H4) maternity (since they have rejected Visa for our parents)....

Link stated that H1 with 3 months maternity is fine.....But H1 will be on leave for H4's maternity ... Is it OK....

Can I show this is legal to CIS if they send RFE.....(if at all they asks paystubs in this 3 month period)....

It seems silly, but it is very tough situation for me
 
Hi

UN,

You mean, after applied 485...it is legal even if you sit idle (without work or without paystubs)....I didn't activate my EAD.....

My understanding from your reply is....we need to maintain status (suppose H1B) until we apply I-485... after that CIS will not check the status (even if the person is working(on H1B) for the same company who filed GC or not).....

I suppose to post this question also...please have some time and respond....

Working (H1B) for same employer who filed GC....I have maintained all legal status until I filed 485 and still continuing valid status.....
If I don't work for couple of months (say I don't get any paystubs, but my H1B is still valid..If at all CIS sends any RFE about EVL, my employer will support), so it does not effect anything to my 485 Stage.....

What is your opinion ?
 
My understanding is filing 485 does not waive anyone from the requirement of maintaining legal status and that means you have to do everything that's required by law to be legally in status working on H1.
 
You must log in or register to reply here.
Top