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I am an international student recently graduated and

Customer Question
currently on opt and joined...
i am an international student recently graduated and currently on opt and joined an employer indian consulting firm.he is willing to file h1b this year with the conditions that if my h1b is picked up i should stay with them for 1.5years.if it is not picked then i should stay for 6months and the job is on contract to contract basis.once i got picked up for h1b i am supposed to pay taxes of 30% which is 1500$.the consulting firm told me like i need to pay thos 1500$ taxes every month from my pocket even while i am on bench(no job or contract).please suggest me what to do whether to file for h1b or stay on opt
Submitted: 1 year ago.Category: Immigration Law
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Answered in 3 minutes by:
3/29/2016
Immigration Lawyer: Expert James, Lawyer replied 1 year ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,418
Experience: Write FOR JAMES to get my help!
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Hello! Thank you for using Just Answer. I am James. I will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

Once you have received your answer, you will be asked to rate my customer service. This is very important. I do not get a salary here. Your rating is the only way I get credit for doing my job. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal Expert, just write FOR JAMES at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

If you understand that, please answer the following:

To whom are you supposed to pay said taxes?

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Customer reply replied 1 year ago
to the usics sir
Customer reply replied 1 year ago
to the uscis sir
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

Nobody pays taxes to the USCIS.

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Customer reply replied 1 year ago
even while i am not on any project they will be running the payroll on me.so i am supposed to pay the state,federal and fica taxes sir
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: OK, so that is not the USCIS. That is the IRS. USCIS does not collect taxes. Also, there is no way for me to calculate taxes. The Human resources at the employer should know that information.

As far as how taxes work, it is not whether you are actually doing anything that determines whether you pay taxes. It is whether you are getting paid for work that determines whether you are subject to taxation. So even if you are not actually working, your H1B employer is obligated to pay your wages. Ands as such, you are obligated to pay taxes on your income.

I hope I have answered your questions. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

Otherwise, kindly rate my customer service with a positive rating so I get credit for doing my job. You can keep asking questions even after you have given a rating.

REMINDER: I do not get a salary here, so your positive rating for my customer service is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked; I am sure you agree that would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job.

Keep in mind, you are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

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Customer reply replied 1 year ago
thats the problem sir.the employer is running the payroll of 5000$ every month.of which the total taxes would be 30%(1500$) for h1b.which one do you suggest sir.like applying for h1b or staying on opt.because i am really in dilemma what to decide as the the date to file for h1b is april 1st
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

I cannot tell you what to do. You have to decide that on your own. I realize you want to save on FICA taxes, but really, the question is whether you want to work for only a short term or a longer term.

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Customer reply replied 1 year ago
i am planning to stay for 4-5 years sir
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

Well you can't stay 4 to 5 years on OPT.

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Customer reply replied 1 year ago
i can stay up to 3 years on opt with extension sir
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

But that is not 4 to 5 years. How do you get to 3 years? And how do you get to 4 to 5 years?

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Customer reply replied 1 year ago
12 month of opt+24 months of stem extension.where as coming for 4-5 years.i need to apply h1b during 2year or 3rd year of opt
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: Personally, if it were me, I would take the opportunity to apply for H1B now. Otherwise, you are running the risk that in a few years, you might not get an employer who is willing to sponsor you. Also, if the economy goes bad in the next few years, it might be very hard to find a job, and especially more difficult to find a job where the employer will sponsor a foreign worker.

Yes, you might be paying more in taxes; but you have to decide what is more important to you - getting a good paying job for several years, or paying less in taxes and not guaranteeing you have a job.

Now if you want to avoid taxes now, fine. But at some point in time, if you want to get an H1B, you will be paying those taxes. So really, all you would be doing is delaying the fact that you will be paying taxes at some point in time.

I hope I have answered your questions. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

Otherwise, kindly rate my customer service with a positive rating so I get credit for doing my job. You can keep asking questions even after you have given a rating.

REMINDER: I do not get a salary here, so your positive rating for my customer service is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked; I am sure you agree that would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job.

Keep in mind, you are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
GREAT SIR.THANKYOU VERY MUCH.WHILE ON H1B CAN I CLAIM THE PROPERTY TAX DEDUCTIONS
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

Sir/Madam,

Please, I am asking you to rate my customer service before you leave the site today. You do that with giving me 3 or more stars. This is very important. Please do not forget.

ANSWER: Property taxes have nothing to do with H1B or immigration. That is a state property tax issue.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

Ask Your Own Immigration Law Question
Immigration Lawyer: Expert James, Lawyer replied 1 year ago

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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Customer reply replied 1 year ago
sir.I got one more question.There is my friend who opt got denied yesterday.can you please tell me what are his options now
Immigration Lawyer: Expert James, Lawyer replied 1 year ago
No I cannot do that. It is a new question so it must be posted as a new question with a new thread.Also I never received credit for this question because you never gave a rating.
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Immigration Lawyer: Expert James, Lawyer replied 1 year ago

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to assist you.

Thank you!

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Expert James
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,418
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