[Suspet]

I know that my employer isn't paying the income taxes that he withholds from my salary. Does that affect my situation regarding my H1B? I mean in the application it says that I should be paid a certain salary to have this Visa and if the taxes that are withheld are not paid it will look like I have gotten a lot less in salary.

I look forward to your response - thank you.

[AtlantaTaxExpert]

Suspet:

If you know for fact that your employer is not paying the income taxes that are being withheld, be sure to keep track of the withholding by retaining your check stubs.

Your employer has a legal obligation to provide you with a W-2 for tax year 2005 bu the end of January 2006 so you can file your tax return. If he fails to do so, you can file your return using your last check stub from 2005 to show how much in taxes was withheld. The IRS will then query your employer as to why the withheld taxes were not paid as required by law. The responsibility to pay these taxes rests with the employer, not you!

The check stubs are your proof that the taxes were withheld. That will satisfy the IRS and/or the INS in regards to the requirements for your visa.

[Suspet]

Thank you very much.

I suspected that it was the employers responsibility as it is where we come from, but I just wanted to be 100% sure.

[AtlantaTaxExpert]

Not a problem. Better to be safe than sorry!

ATE