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gcseeker1208

Per diem

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Per diem stuff is very shady.

Get a real salary, not this per diem BS.

It will cause problems with the GC application.

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Per diem is legally permitted and it has limit per day for the city where you work..check with IRS site...it is no where going to affect GC

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Originally posted by saro23:

Per diem is legally permitted and it has limit per day for the city where you work..check with IRS site...it is no where going to affect GC

While it may be permitted, it can very well cause problems for the GC, since it doesn't count as salary, and therefore puts the employer's ability to pay the required salary into doubt.

It is best to not do any per diem stuff. Only shady employers do that, anyway.

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Per diem or payments thru 1099 misc will affect on GC. For AOS application it is expected to show past three years applicant 1040. When RFE is issued, often USCIS asks the employer to show company accounts. Again payment in per diem brings suspicion on employer ability to pay salary for your job. Note that GC is for your future job in current company.

-Swamy

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Originally posted by gcseeker1208:

how does per diem affects to any individual with GC. Any problems while filing taxes ? How does it work.

If you get audited by IRS then they would slice and dice your each cash flow. This may affect when you try to renew your GC later.

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"For AOS application it is expected to show past three years applicant 1040."

Says who? I most certainly did not show a single 1040. Not even mentioning his GC has been approved.

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Originally posted by gcseeker1208:

I already have GC

Why would you then stay with a shady employer who pays you with per diem instead of a real salary???

Find a better employer, one who doesn't try to skirt around the tax laws.

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Originally posted by JoeF:

Why would you then stay with a shady employer who pays you with per diem instead of a real salary???

Find a better employer, one who doesn't try to skirt around the tax laws.

Actually, the offer for the green card clearly states that the employer should pay regular salary, and no other forms of compesation count. If they don't wish pay you salary pro-offered in the I-140, then you are free to leave any day.

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Per diem payments are made for individuals who are traveling on business. Legitimate use of the per diem option basically saves the employer/individual from having to do a lot of paperwork with travel expenses/expense accounts.

Rather than paying for hotel, rental car, food etc, the employer pays a flat X per day. The individual uses that amount to cover their costs. If the individual spends more, it comes out of his/her pocket. If they spend less, they do not have to return the money or pay taxes on it.

It isn't always shady---the government and various other businesses do it regularly. But, there are employers who try to save money on taxes by calling a portion of the pay "per diem." This is a problem if the money was really supposed to be wages.

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Originally posted by Murthy Law Firm Attorney 6:

It isn't always shady---the government and various other businesses do it regularly.

Yes, sure. I have gotten per diems when traveling to conferences.

But, there are employers who try to save money on taxes by calling a portion of the pay "per diem." This is a problem if the money was really supposed to be wages.

Yes. That's what I meant with it being shady.

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Hi All,

Recently my client agreed to pay me travel expenses as I am commuting to Philadelphia(client) from Detroit (home). I am on H1B and my I-140 is approved. My employer pays me regular salary (which is more than the salary pro-offered in I-140).

My client is asking if they can add me as 1099 vendor and reimburse me the expenses directly. I know we cannot work on 1099, but since it is for expenses is it legal to do it? Can they give me a check directly to me?

Also, I heard that the client cannot pay expenses for more than 18 months, is it true? (I think they cannot pay perdiem for more than a year). Please advise.

Thanks.

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