Please help!Need a good advise regarding H1B
Jul 3rd 2002, 2:49 pm
#1
Just Joined
Thread Starter
Joined: Jul 2002
Posts: 11
Please help!Need a good advise regarding H1B
Hi all!Looks like I'm gonna have problems getting work permit in US.The main thing is I have H1B and I'm applying now for work permit,I have to show my tax returns for the last 3 years,I also
want to send in affidavit of support for(to support my spouse)
but wth my work occupation I was supposed to get paid
29.000$ a year.My boss said before signing this paper(for approval of H1B) that he will sign,but he won't pay that much,
and he only paid 12.000 last year.My lowyerwas saying that everything is fine,but now he's saying it's notbecause at INS they will look at this tax return and may even cancel my visa.
In this year I'm gonna make 20.000$,which is above poverty line
for more than 125%,so,what should I do now?Wait untill
tax return for this 2002 year?Or send in some letter from my employer that he was provding a place to live(a house to be exact) and transportation@paid all bills-electricity and stuff.
-He really was providing all of this and I beleive it was worth
about 6.000-8.000$ a year,wich in addition to 11.000 gives
125% of poverty line.
Should it help?My lawyer says it should,but I don't trust him anymore.Anyone who knows please answer this.
want to send in affidavit of support for(to support my spouse)
but wth my work occupation I was supposed to get paid
29.000$ a year.My boss said before signing this paper(for approval of H1B) that he will sign,but he won't pay that much,
and he only paid 12.000 last year.My lowyerwas saying that everything is fine,but now he's saying it's notbecause at INS they will look at this tax return and may even cancel my visa.
In this year I'm gonna make 20.000$,which is above poverty line
for more than 125%,so,what should I do now?Wait untill
tax return for this 2002 year?Or send in some letter from my employer that he was provding a place to live(a house to be exact) and transportation@paid all bills-electricity and stuff.
-He really was providing all of this and I beleive it was worth
about 6.000-8.000$ a year,wich in addition to 11.000 gives
125% of poverty line.
Should it help?My lawyer says it should,but I don't trust him anymore.Anyone who knows please answer this.
Jul 3rd 2002, 5:57 pm
#2
Forum Regular
Joined: Jul 2002
Posts: 65
Re: Please help!Need a good advise regarding H1B
Hi,
.... Eeeeep... what a pickle.
These guys are good, it seems....
http://www.usvisanews.com/faq-h1bstatus.html
Tony
.... Eeeeep... what a pickle.
These guys are good, it seems....
http://www.usvisanews.com/faq-h1bstatus.html
Tony
Jul 3rd 2002, 11:57 pm
#3
Just Joined
Thread Starter
Joined: Jul 2002
Posts: 11
Re: Please help!Need a good advise regarding H1B
TonyC:
Thank You!It's really cool site,seems like this guys can handle
my kind of case.
Thank You!It's really cool site,seems like this guys can handle
my kind of case.
Jul 4th 2002, 9:20 am
#4
Guest
Posts: n/a
Re: Please help!Need a good advise regarding H1B
On Wed, 03 Jul 2002 09:20:12 -0700, Max K. wrote:
> Hi all!Looks like I'm gonna have problems getting work permit in US.The main thing
> is I have H1B and I'm applying now for work permit,I have to show my tax returns
> for the last 3 years,I also want to send in affidavit of support for(to support my
> spouse) but wth my work occupation I was supposed to get paid 29.000$ a year.My
> boss said before signing this paper(for approval of
> H1B) that he will sign,but he won't pay that much, and he only paid
> 12.000 last year.My lowyerwas saying that everything is fine,but now he's saying
> it's notbecause at INS they will look at this tax return and may even cancel
> my visa.
Yes, that's right. He promised to the US government that he would pay you the same
that he would pay you a US citizen for a comparable job - and then went ahead and
only paid you a third of that. This has any number of legal ramifications:
- he violated the law, and you can file a complaint with Department of Labor. They
will recover the back wages, plus a fine from him. Given the huge difference, it
will probably be a pretty severe fine. He will also be banned from sponsoring
anybody for H-1Bs or Green Cards in the future (which would also include you
yourself).
- you are violating the terms of your H-1B because you are not working in the job you
are supposed to under the terms you were supposed to. That's why INS could declare
your status to be terminated. This is quite likely to happen.
- if you knowingly agreed to that, you would have committed immigration fraud and
could be deported. This is not likely to happen because it would be too difficult
to prove, and wouldn't be worth it for INS. They'll probably just declare your
status terminated and be done with it.
> In this year I'm gonna make
> 20.000$,which is above poverty line for more than 125%,so,what should I do now?
The 125% of poverty level are not material for you. As an H-1B (and later as a Green
Card holder) you have to work in the job that sponsored you - and this includes, for
the correct terms, hours, vacations, location *and salary*. So you will have to prove
$29,000 in income from that job.
>Wait untill tax return for this 2002 year?Or send in some letter from my employer
>that he was provding a place to live(a house to be exact) and transportation@paid
>all bills-electricity and
stuff.
You may be able to add some of these benefits if it was in your job contract. Of
course, you'd probably also have to pay taxes on most of them (which fringe benefits
are or are not taxable is pretty well defined by the IRS). Also, you will have to
PROVE the value of these benefits. For instance, for the value of the housing, you
should contact the landlord of the apartment where he put you up and find out the
rent. Or, if the employer owns the apartment, then you'd need to find a comparable
apartment and determine the rent for that. If you share the apartment with other
people, of course you can only claim your and your family's share of the rent.
> -He really was providing all of this and I beleive it was worth about
> 6.000-8.000$ a year,wich in addition to 11.000 gives 125% of poverty line.
> Should it help?My lawyer says it should,but I don't trust him anymore.Anyone
> who knows please answer this.
In all honesty, you definitely should not trust the employer. I think the lawyer is
wrong with this statement, as well, so you might be wise to find another lawyer, too.
Ingo
> Hi all!Looks like I'm gonna have problems getting work permit in US.The main thing
> is I have H1B and I'm applying now for work permit,I have to show my tax returns
> for the last 3 years,I also want to send in affidavit of support for(to support my
> spouse) but wth my work occupation I was supposed to get paid 29.000$ a year.My
> boss said before signing this paper(for approval of
> H1B) that he will sign,but he won't pay that much, and he only paid
> 12.000 last year.My lowyerwas saying that everything is fine,but now he's saying
> it's notbecause at INS they will look at this tax return and may even cancel
> my visa.
Yes, that's right. He promised to the US government that he would pay you the same
that he would pay you a US citizen for a comparable job - and then went ahead and
only paid you a third of that. This has any number of legal ramifications:
- he violated the law, and you can file a complaint with Department of Labor. They
will recover the back wages, plus a fine from him. Given the huge difference, it
will probably be a pretty severe fine. He will also be banned from sponsoring
anybody for H-1Bs or Green Cards in the future (which would also include you
yourself).
- you are violating the terms of your H-1B because you are not working in the job you
are supposed to under the terms you were supposed to. That's why INS could declare
your status to be terminated. This is quite likely to happen.
- if you knowingly agreed to that, you would have committed immigration fraud and
could be deported. This is not likely to happen because it would be too difficult
to prove, and wouldn't be worth it for INS. They'll probably just declare your
status terminated and be done with it.
> In this year I'm gonna make
> 20.000$,which is above poverty line for more than 125%,so,what should I do now?
The 125% of poverty level are not material for you. As an H-1B (and later as a Green
Card holder) you have to work in the job that sponsored you - and this includes, for
the correct terms, hours, vacations, location *and salary*. So you will have to prove
$29,000 in income from that job.
>Wait untill tax return for this 2002 year?Or send in some letter from my employer
>that he was provding a place to live(a house to be exact) and transportation@paid
>all bills-electricity and
stuff.
You may be able to add some of these benefits if it was in your job contract. Of
course, you'd probably also have to pay taxes on most of them (which fringe benefits
are or are not taxable is pretty well defined by the IRS). Also, you will have to
PROVE the value of these benefits. For instance, for the value of the housing, you
should contact the landlord of the apartment where he put you up and find out the
rent. Or, if the employer owns the apartment, then you'd need to find a comparable
apartment and determine the rent for that. If you share the apartment with other
people, of course you can only claim your and your family's share of the rent.
> -He really was providing all of this and I beleive it was worth about
> 6.000-8.000$ a year,wich in addition to 11.000 gives 125% of poverty line.
> Should it help?My lawyer says it should,but I don't trust him anymore.Anyone
> who knows please answer this.
In all honesty, you definitely should not trust the employer. I think the lawyer is
wrong with this statement, as well, so you might be wise to find another lawyer, too.
Ingo
Jul 5th 2002, 10:17 pm
#5
Just Joined
Thread Starter
Joined: Jul 2002
Posts: 11
Re: Please help!Need a good advise regarding H1B
Ingo Pakleppa:
Thank you for advise!Steel have something to as about:
So,the salary in this year will be around $20.000,+
additional ~$8.000 in housing and transportation,which gives total of 28.000,which will work,but what I'm affraid of is that
in previous yaer it was not,that's my main concern...
Thank you for advise!Steel have something to as about:
So,the salary in this year will be around $20.000,+
additional ~$8.000 in housing and transportation,which gives total of 28.000,which will work,but what I'm affraid of is that
in previous yaer it was not,that's my main concern...
Jul 6th 2002, 2:20 pm
#6
Guest
Posts: n/a
Re: Please help!Need a good advise regarding H1B
On Fri, 05 Jul 2002 17:20:02 -0700, Max K. wrote:
> Ingo Pakleppa: Thank you for advise!Steel have something to as about: So,the salary
> in this year will be around $20.000,+ additional ~$8.000 in housing and
> transportation,which gives total of 28.000,which will work,but what I'm affraid of
> is that in previous yaer it was not,that's my main concern...
Yes, that would be my concern, too. Especially if I was the employer, although it
could also be a problem for you.
Ingo
> Ingo Pakleppa: Thank you for advise!Steel have something to as about: So,the salary
> in this year will be around $20.000,+ additional ~$8.000 in housing and
> transportation,which gives total of 28.000,which will work,but what I'm affraid of
> is that in previous yaer it was not,that's my main concern...
Yes, that would be my concern, too. Especially if I was the employer, although it
could also be a problem for you.
Ingo
