Chicago, IL asked in Tax Law and Immigration Law for Delaware

Q: Pay stubs for Sep-Dec 23 have not been generated. I don't have W2. Will pending taxes be verified during H1B extension

I was unable to pay last year's taxes due to financial circumstances. Can I pay the past year's due taxes now, with penalties? Will this affect my H-1B status? I plan to apply for an H-1B extension next year. Do they verify taxes and W-2 during the H-1B extension process?

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2 Lawyer Answers

A: USCIS usually just verifies employment with H1B employer through recent pay stubs

James L. Arrasmith
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Answered

A: If your pay stubs for September to December 2023 haven't been generated yet and you don't have a W-2, you should inform your employer as they are responsible for providing these documents. For your H-1B extension, USCIS typically requires recent pay stubs and your most recent W-2 forms to verify your employment and income. Without these documents, the extension process might face delays, so it's important to address this with your employer promptly.

Regarding last year's unpaid taxes, you can pay the outstanding amount along with any applicable penalties now. The IRS generally allows individuals to settle their tax debts, and doing so can help mitigate any negative consequences. Paying your taxes, even with penalties, shows your intent to comply with tax obligations, which is viewed more favorably than leaving taxes unpaid.

Your H-1B status is primarily tied to your employment and maintaining lawful status in the U.S. While unpaid taxes themselves do not directly affect your H-1B status, ensuring that your taxes are filed and paid is important for your overall compliance. During the H-1B extension process, USCIS may review your tax records as part of verifying your employment history and financial standing. Keeping your tax situation in order will support a smoother extension application.

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