Dilemma

[raju]

I work for a company being in a state X while company have operation in Y. I need to file tax and do not know which state to file as it was late 2000 when I join them and did not receive W2 from them. Any suggesation. It seems this type of personal forum is quite good in such type of question as we can share experience at least, it could be very beneficial at a time.



[Edited by raju on 02-28-2001 at 04:57 PM]

See what state has your employer shown you in on your W-2. Usually it is the state you work in. If you travel to different states for work different rules may apply.

For H1B visa holders an LCA has to be filed where you work. Your state will depend upon where the LCA has been filed for.

Disclaimer: Not a legal advice, professional consultation advised.

.. if they paid you salary. Are you sure that you were paid in that year ?

[raju]

my dileamma is state not if employer have send me W2 or he paid. I have received W2 from IRS.

For other eCharchan here is phone number of IRS 1-800-829-1040 If your employer did not send W2 whether he paid or not, if you have worked with him then you must have to file taxes according to the wages you have received or according to the wages which mentioned in your LCA or offer letter.

If they did not send it to you call IRS and report and you will receive a W2 from IRS.

Pls let me know if you understand my question not talkling here and there. Should I file taxes for state X or state Y.
I was always in state Y while my company is in state X.

[echarcha]

All this feedback is a starting point.

After you verify the information, I would strongly suggest that you consult a proper CPA for tax filing. Many times the folks at well-known places like H&R Block can help too and help you file your taxes electronically.

But better to pay some fees like US$100 to a qualified tax consulatnat and pay yoru taxes. Basically the CPA signs off on your returns and if the IRS finds any fault, it will be his fault and you will be saved the headaches of defending yourself.

Once you know how the thing works, then next year you can file on your own if your situation of company in X state and project in Y state still continues.

[raju]

state is the question all other info is known? anybody out here to share about which state to file.

[smellyfinger]

raju, with usual disclaimer of not being an expert..

Technically, you need to pay state taxes in the state in which you work. Not where your paying company is, but where you go to work every day. And if you have been on 3 diff projects last year in 3 diff states, then you have to file taxes in all 3 states.


Again, check with a tax consultant.

[raju]

actually it was last November and December when I was finding project and then change for permanent offer in Jan, when consulting unable to make deal and instead adopted wait and watch policy, I wouldn't have file taxes against them but I paid all expenditure being in other state and they were never agreed to pay even that, i complain IRS receive W2 but now find it dificult which state to file as I was in not working mode by the decision of employer but law states that I should get my wages enen in that situation. Initially I asked them for settlemetn by paying my expendeture what I did but latter when they denied I decided to change and now asking full wages, is there anything wrong with this.

[Edited by raju on 03-01-2001 at 01:59 PM]

>>> I have received W2 from IRS. <<<

No, you get W2 from your employer, not the IRS. Your employer reports what's on your W2 to IRS and you attach a copy of W2 (Fed and St) with your 1040.

>>> denied I decided to change and now asking full wages, is there anything wrong with this. <<<

No harm in asking, dont know if they will pay. What did the contract say? I dont think that the employer is obligated to pay you for the time you/they were searching for the project except if you were on H1 in which case they have violated an INS rule. Check with an attorney for the legal reading of the rule and its applicability in this case.

If you are looking for some definite answers, you will have to pay an expert for consultation. Chat boards like this may not be very helpful.

[raju]

Not paying itself is vilation of INS law. Once H1 approved and individual have started working with an employer he should get paid whether or not he is in project.

Individual is not an employee of project site but employers and his being in project or not does not effects his employement with employer. If employee is working with employer and his h1 is approved he should be paid regardless of whatever.

If someone in such trouble I want to state here that I have experienced the same and find out the solution. Go talk to lawyer if your company does not pay and you have employement with company and an approved H1.

Unless employer never have terminated you or you never have resign, don't worry.

eom

[raju]

Write to

Law Offices Of Rajiv S. Khanna, PC
5225 N. Wilson Blvd.
Arlington, VA 22205-1148
Voice: (703) 908-4800
Email: rskhanna@immigration.com

Khanna is good person and he will do consultation free of cost if you are talking him before talking any other firm and in case he understand you are unable to pay.

You can write to Murthy Law firm too at
10451 Mill Run Circle
Suite 100 . Owings Mills
Baltimore County. MD 21117 . USA
Phone : 410 . 356 . 5440
Fax : 410 . 356 . 5669

at both places you can make an appointment by calling phone number in case you are unable to access internet in trouble situation.

These all are employer propoganda and they have to pay unless they are not firing you and not giving you a ticket to home country.

Take a safe approach, get other job and then fire these employer doing such practices.

[raju]

Im asking for state tax condition and sharing my experience with people who may be in such trouble because how muc bad situation may occure sometime employer doing such practice is actually they never know.

Many individual may get benefited with this in case the get trouble somtime by employer.