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  #1  
Old 06-25-2008, 11:29 AM
chapsi29 chapsi29 is offline
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Default W2 tax problem - H1B

Hi all,

I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.

Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.

Questions:

1: Can my company issue a W2 for 2007 now ?

2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?

3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?

4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.

Thanks in advance.
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  #2  
Old 06-25-2008, 11:38 AM
snathan snathan is offline
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Quote:
Originally Posted by chapsi29 View Post
Hi all,

I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.

Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.

Questions:

1: Can my company issue a W2 for 2007 now ?

2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?

3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?

4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.

Thanks in advance.
You company must provide you the W2. Otherwise its illegal. Ask them to give you the W2 or contact IRS/DOL
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  #3  
Old 06-25-2008, 11:58 AM
chapsi29 chapsi29 is offline
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Default

Thanks for your quick response.

As much as I want the W2 ASAP, the issue is what is the amount that should be on the W2 as I did not get paid in 2007. The W2 legally should only contain the wages that you have received in that year.
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  #4  
Old 06-25-2008, 12:35 PM
ashkam ashkam is offline
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The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.

Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
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  #5  
Old 06-25-2008, 01:24 PM
gccovet gccovet is offline
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Quote:
Originally Posted by ashkam View Post
The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.

Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
also, not getting paychecks while on H1 open another can of worms.
GCCovet
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  #6  
Old 06-25-2008, 01:57 PM
chapsi29 chapsi29 is offline
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Default

Quote:
Originally Posted by ashkam View Post
The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.

Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.

What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.

Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.

I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
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  #7  
Old 06-25-2008, 02:02 PM
ashkam ashkam is offline
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I see what you are saying now, you were paid retroactively this year for work done last year. Since that pay will be reflected in this year's W2, you should be fine with the IRS. I am not sure how this will up with the USCIS though. Talking to a good immigration attorney is a good idea.
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  #8  
Old 06-25-2008, 02:19 PM
lacrossegc lacrossegc is offline
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IMHO The problem will arise with USCIS only if the employer does not pay AT ALL ... delayed/irregular payments (as long as they meet the proffered wage on the LCA) should be fine. Not paying at all will be a serious breach of contract and the employers will be in serious trouble for doing that ....



Quote:
Originally Posted by chapsi29 View Post
What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.

Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.

I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
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  #9  
Old 06-25-2008, 03:26 PM
nomorelogins nomorelogins is offline
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Default Cpa

Since there has been a screw up in the payroll by your company, ask them to contact the CPA for advice. They should be able to work out how to issue a W2 ( amendment ) etc, refile company quarter results etc. So talk to company CPA ( else report to IRS )
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  #10  
Old 06-25-2008, 03:29 PM
newbie2020 newbie2020 is offline
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If you didn't receive any paycheck in 2007 you won't receive a W2 from your employer,

The amount will reflect in the 2008 W2.

You are fine with that one......Also i am not sure when they reported you as new hire, was it in 2007 or was it in 2008 ...?
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  #11  
Old 06-27-2008, 12:13 PM
chapsi29 chapsi29 is offline
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Default

I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.

Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.

Thanks.
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  #12  
Old 06-27-2008, 03:28 PM
H1bslave H1bslave is offline
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You should be perfectly fine as your joining date is 11/27. The first payday could take more than 30 days in many organizations and its a common practice.


For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.

For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.

I run payroll for my company and can provide insight, PM me if you have more questions.

Take it easy & Enjoy your weekend




Quote:
Originally Posted by chapsi29 View Post
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.

Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.

Thanks.

Last edited by H1bslave; 07-01-2008 at 03:41 PM.
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