Travelling back to India after working for 3 months on H1B

[testme]

Hello Friends,

My friend came to USA 2 weeks before his H1B expiry and his employer has applied for extension which is still pending. He hasn't got his SSN as they said they can issue SSN only if it I-94 has has at least 2 weeks of validity by which then they can issue an SSN.

Now my friend wants to go back to india for some personal reasons and doesn't want to come back for next 1 yr. He has got 3 months manual pay stubs without SSN as their employer said the tax and other things will be taken care when he gets SSN. But my friend wants leave this country when he has worked for 3 months without SSN but got paid for 3 months and cannot file federal taxes also.

Would this become an issue if he goes for any future stampings or visit to USA? Please let me know.

Thanks,
Balaji

[shervin143]

If he leave now, the extension could get denied and his employment from the current I-94 expiry date until now will become illegal. That would cause a lot of issues with his future petition, visa stamping and GC. When the employment itself is illegal, paying taxes on the illegal employment isn't the biggest issue here.

Instead of messing up things, the best option is to go for premium processing, get the approval within 15 days (Hope he gets the petition extended. That is very important), apply for the SSN, get it and then leave the country. He should make sure that he gets his W2 for the time worked in H1B and pay his taxes which isn't possible with the SSN.

[testme]

Travelling back to India after working for 3 months on H1B

Hello Shervin,

Ok, if he converts to premium and as soon as the extension is approved, can he apply for SSN and leave the country without waiting for the SSN to come. He wants to leave the country urgently as one of his family members medical condition is critical. Please suggest.

Thanks,
Balaji

[shervin143]

http://www.immihelp.com/forum/showthread.php?t=83573

Hello Shervin,

Ok, if he converts to premium and as soon as the extension is approved, can he apply for SSN and leave the country without waiting for the SSN to come. He wants to leave the country urgently as one of his family members medical condition is critical. Please suggest.

Thanks,
Balaji

[221guy]

Travelling back to India after working for 3 months on H1B

I think SSN is not a must for filing tax. He can apply for ITIN number and file tax, but applying that may still need I94 i guess.