Paying taxes when not on project

[bobby99]

Hi,
My employer is asking to pay for taxes 1200$/month when we are not on project or go back to India. Without a project surviving in US is diffcult. How can we pay 1200$/month. Is that mandatory to pay like that or is my employer is doing it for his own benefits. Some of my friends are not paying who are with different companies. Please advise me what to do in this situation.

[shervin143]

When a person is in H1B, the company need to pay the person (as per the LCA) irrespective of whether he/she is in the project or not. If not, you can complain to DOL and make them pay. There is no such things as bench in H1B.

So what your employer is trying to do here is to run the payroll for you by getting money from you. When the payroll is run, you will need to pay the State tax, Federal tax, Social Security and Medicare. I think that comes up to $1200 per month which he is trying to get from you. Paying money to run your own payroll to maintain the H1B status is illegal. If caught both you and your employer will be in trouble for committing tax and immigration fraud. So don't pay money to run your payroll. At the same time, make sure your employer pays you even when you are not in project. Otherwise you will go out of status and you will be in big trouble later.

Go through the below link and understand your roles and responsibilities as an H1B holder. You can try and transfer your H1B to some other employer with the copy of the complain to DOL (The complain document helps for a successful transfer, when you are out of status).

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

[bobby99]

Thanks

Thanks Shervin. But I am afraid to complain.