Per Diem on Pay Check

[a999]

hi

this is my first h1-b started this Oct 1st 2012.

Planning to go canada for h1-b stamping in december.

I am having perdiem on every pay check ( mine is bi weekly ) like below

Taxes and Deductions

Description

Current

Year To Date

Federal Income Tax

-377.96

377.96

New York State Income Tax

-126.64

126.64

New York voluntary disability

-1.20

1.20

Medical pre-tax 1

-110.40

110.40

Misc reimbursement non-taxable

1000

1000

will there will be any problem what should i say if they ask why u are having non taxable income on paycheck . so like 2000$ i will be having non taxable income on pay check montly.

will it be risk to go for stamping having those perdiem on my pay checks . pls can some one suggest me what should i have to do i was little bit worried about this what to say if visa officer ask me about perdiem.

[rahul412]

will there will be any problem what should i say if they ask why u are having non taxable income on paycheck . so like 2000$ i will be having non taxable income on pay check montly.

will it be risk to go for stamping having those perdiem on my pay checks . pls can some one suggest me what should i have to do i was little bit worried about this what to say if visa officer ask me about perdiem.

First, why did you got some much amount as per-Diem??

If you can answer this question then someone will try to help you out.

[JoeF]

Unfortunately, some shady employers abuse per-diem to avoid paying taxes.

You should get a real salary, not this per-diem stuff.

And your salary has to match or exceed the LCA. Per diem is not counted as salary.

[visaoct15]

I had per diems on my paychecks as well around 500 per month. But I stopped running per diems in the last 3 months before going to the interview,but the perdiem YTD was on my paychecks. In my H1b interview VO officer looked at all my paychecks but didn't ask me anything reg. per diem. But be prepared if the VO asks you reg. perdiem.It all depends on the VO. Good luck

[visaoct15]

If the VO asks reg. per diem I'd say " I travel every week to the clients place, so I get paid for the travel and motel expenses"

[JoeF]

If the VO asks reg. per diem I'd say " I travel every week to the clients place, so I get paid for the travel and motel expenses"

And the next thing the officer would ask for are copies of the receipts for travel and motel, etc.

The bottom line: Never lie to an immigration officer.

[a999]

thanks all for the reply.

@rahul412 i dont know that it is wrong to do like that . just from last 1-2 months while seeing all the visa experinces in forum came to know that its not good to have per diem on pay check .

my lca has 52 k and my actual pay i am on getting on pay slips other than per diem is like 62k .

so i think i dont have any ption now to wait until i change to new client and make correct pay on lca and have correct pay slips without perdiem.

i already booked the slot in dec but by seeing all these i think i shouldnt go now. can i update my lca for the same client with new annual salary .

[rahul412]

If the VO asks reg. per diem I'd say " I travel every week to the clients place, so I get paid for the travel and motel expenses"

per-Diem is provided by the company once a month when the employee submits the expense sheet. If you say something like that, then the VO will ask you the proof. Do u have the proof??

Moreover, never lie to any immigration officials.

[rahul412]

@rahul412 i dont know that it is wrong to do like that . just from last 1-2 months while seeing all the visa experinces in forum came to know that its not good to have per diem on pay check .

Yes you are right. Getting per Diem is not a problem. But you need to show the proof for receiving that amount.

Any company doesn't provide per Diem to their employees without submitting the proof.

[greddy1144]

I strongly recommend to ask your employer to put your share on payroll directly, honestly 52k on payroll and 62k on per diem is tax evasion and if you are unable to provide proofs for the same they might even reject you. so instead put everything 100k on your payroll and play safe.

[a999]

I strongly recommend to ask your employer to put your share on payroll directly, honestly 52k on payroll and 62k on per diem is tax evasion and if you are unable to provide proofs for the same they might even reject you. so instead put everything 100k on your payroll and play safe.

if he keeps the entire pay on pay check without any perdiem and it make actual pay more than 30-40 percent of pay mentioned LCA.

will that be a problem . when i take employment letter what is the annual salary that needs to be mentioned on my employment letter.

thanks for the information.