QUESTION

How can I receive my dues/balance pay from previous job while being on H4 visa

Asked on Aug 14th, 2013 on Immigration - Virginia
More details to this question:
I need to receive money/expenses from my past job, where I was working as a local representative for an Indian company; due to some personal and health issues money settlement is pending and meanwhile my visa status changed to H4 from L2. While I was working I had L2 visa and valid EAD. How do I get the rest of my money back now? Is it ok for me to receive tht money here in US or can I receive it in India itself?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If the payment will be given in the same tax year in which you held the L-2 visa status and valid EAD, the payment for your past job would likely not be an issue. If in another tax year, and assuming that there is some proof of your payment existent, the company could perhaps provide an explanation as to what period of services the payment covers. If the company pays directly into your account in India, there would of course be no record of any payment in the States. If you are concerned about the legality of such an arrangement tax wise, you could perhaps seek the advice of an accountant or tax lawyer.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Aug 21st, 2013 at 9:08 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
Receiving money from an earlier period of authorized employment won't mean you worked without authorization at the moment you received the money.
Answered on Aug 15th, 2013 at 12:26 AM

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