Problem with the payroll

[vasanth.sekhar]

Hi,

I am working with employer A and seems like he didnt pay my taxes correctly(skipped a few of them). Now I am planning to transfer to employer B and he has already filed the petition for me. Could you please let me know if I will face any issues in new visa approval notice due to employer A .

[shervin143]

Are you saying that the employer actually withheld taxes from your pay check, but did not pay IRS? H1B transfer might go through. But if not now, it can cause issues later (Visa stamping or GC process). Consult a tax professional and they can advise you on how best to handle this.

[kabkaba]

Did they withhold taxes correctly, but did not pay to the IRS? If so, that is their problem not yours. They have to provide your W2 according to what they withheld.

If they withheld incorrectly, and gave you more pay (less taxes withheld), then at the time of filing return you will have to pay the tax liability and possibly a penalty. You can pay those taxes in advance yourself.

If they withheld incorrectly, and gave you less pay (more taxes withheld), then you will get a refund when you file your return.

As long as the gross (before tax) pay is as per LCA or prevailing wage and it is paid in regular intervals, it will not cause any problems with immigration. Gross wages on your paycheck and W2 matter.