I have been consulting for the past one year through my employeer on H1B and was not aware of per diem, hence was not receiving any. Work in walnut creek, ca - per diem rate 153 per day. I would like to some how indicate now on my W2 form for 2007 year end taxes that I was eligible for per diem. What should I ask my employeer, to do, so that my 2007 W2 indicates that, and I can get some tax relief.

If your consulting is scheduled for LESS than one year, you MAY be able to claim per diem. You did not provide enough detail for me to make any judgement.

However, if you KNOW that the job will last longer than one year, then per diem expenses DO NOT APPLY.