H1 B stamping paycheck question

[iham]

Hi all, I am wondering if anyone can please help me regarding this question.

I am planning to go to stamping in few months. while I am preparing to do so, I have came across an issue in my paystubs.

I recently moved from WI state to VT for the work purpose and I have filed LCA from the new client location as soon as I moved in. So on Oct 2012 I have filed for this LCA and on Dec 2012 I have filed for the H1 Amendment.

But My company ran the paycheck until Jan 2013 on WI state, I am still trying to figure out why. So in my paycheck I see that Tax cut happen for WI state.

So now I am wondering since I filed for the LCA on Oct of 2012 that my new client location is in VT, but my paycheck was ran under WI state, could that cause an issue for the H1 stamping?

When I talk to my employer he said that it would not cause an issue because I filed the H1 Amendment on Dec 20th 2012.

[shekar11#]

It should not be an issue. But u need to have atleast 1 or 2 pay stubs with current address in VT.

[Attorney_25]

Please discuss this with your employer's payroll person. It is likely an administrative error, and it will have tax implications for you. It theoretically could create issues at the consulate also.

[rangadu]

It is normal for your payroll processor to take a few weeks to a couple of months to change your address and tax you according to the state of residence.

No matter which state has your tax withholdings, you should pay taxes to the state you lived in for the time period. If you were living in VT since October and paid taxes to WI, then you file tax returns for both WI and VT, request WI to refund the tax on the portion of money earned while you were living in VT. Pay taxes in VT for the time you were living there even though your paycheck doesn't show it. This part is required as per regulations of taxation.

Carry the proof of both the states' tax returns to the consulate when you go for the interview. If the question comes up, show them the details and explain that is administrative delay on your employer's side in changing your address and you have rectified the tax situation when you filed your returns.

[iham]

Really appreciate all your answers. Thanks so much everyone.

I have talked to my employer and asked him to correct the Jan 2013 paycheck by running it through VT state. He said he would talk to payroll person and it can be done.

If Jan is corrected then I will get the two paychecks with VT state,

But I am struck with Oct, Nov and Dec paychecks that was already ran in WI state and I already got my W2 for 2012.

So is it even possible to correct those paychecks now? If not then I will follow the process mentioned by rangadu.

[iham]

After more discussion I came to know that where ever the contractor moves to a different state then the company should register to the taxes for that state it seems. In my case there was an admisnistrative mistake which they didn't do.

But still wondering once the paycheck ran with a state can it be corrected to run it against a different state?