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Thanks SL & Lost in GC process, Sorry for not being clear in C & D. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year.
Is this true. Can some refer to the right CFR's Thanks Senthil For the first one, I don't think that is applicable. As to what I know it doesn't matter whether you left for 1 day, 2 mos or whatever, your expiration still stands and cannot be change. No rollover or so hence Sep. 07, 2009 still stands for you. For the second one, seems like desi3933 answered your question.
Black t shirt template back. Black Template: • Black Template. If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides. Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state.
Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience. An easy way to figure this out is as follows 1. You have to file state tax returns in the state of your residence. You have to file state tax returns in state of employment (where your employer is) IF the employer withheld taxes (for that state) from your paycheck.
Technically, they shouldn't but if they do, for whatever reason, the only way you wouldn't have to file returns is if they amend the W-2 and give you a new one without the tax withheld. You have to file state tax returns in the state where you perform work on your employer's behalf (this applies mostly to consulting scenarios where an employee is deployed on assignments across the country and the only time you don't have to file taxes in the third situation is when the work performed was for a short period of time (less than a certain number of months, I am not sure exactly how many, but I think it is 9 or 10 months). In many cases the state of residence, employment, etc. Are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate. If you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two.
Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2. That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. Of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes.
If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money. OP, If I were you, I would look into one more thing. Turboveg for windows free download. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
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