Question regarding getting Expense checks from employer

[zoooom]

Hi There,
I am a consultant and just like some of us here I get a part of my salary as Expense checks (No taxes )...My base salary still quite above the minimum that is required legally. My GC is in process and I got my EAD recently (July Fiasco) and I plan on using it some time in the near future. My I140 has been approved and now I am in a long wait to get my GC. My question is: Since I get expense checks apart from my salary will it affect my GC process? Also another question is since I expect my GC to take another 3 years or so, how does it get impacted if I get promoted/ Salary hike.....

[logiclife]

Originally Posted by zoooom

Hi There,
I am a consultant and just like some of us here I get a part of my salary as Expense checks (No taxes )...My base salary still quite above the minimum that is required legally. My GC is in process and I got my EAD recently (July Fiasco) and I plan on using it some time in the near future. My I140 has been approved and now I am in a long wait to get my GC. My question is: Since I get expense checks apart from my salary will it affect my GC process? Also another question is since I expect my GC to take another 3 years or so, how does it get impacted if I get promoted/ Salary hike.....

Reporting true income and paying taxes on income is YOUR responsibility. If you make income on which you dont pay taxes, then its your responsibility to declare that income and pay taxes on that income.

If you got expense checks that is really your income, then both you and your employer are breaking some serious tax laws here and that should be your bigger concern. Tax evasion has penalties that include prison time. Breaking tax laws is not something like a speeding ticket. People actually do time in prison for tax evasion.

The other concern is if you join another employer then your income on W2 will jump significantly because you will make more money due to your freedom of choosing jobs freely (on EAD) and also due to the fact that you will get paid on payrolll and not thru expense checks at all.

The laws dont say that 485 can be rejected because you make too much money after filing 485. USCIS officer cannot assume that you are not working in same or similar job occupation just because you are making a lot more. But the fact that you are making a lot more can be considered when investigating is if the new job and job offer is of same/similar job description as mentioned in your labor. Read USCIS memo issues in Dec 2005 regarding AC21. Go to USCIS.gov, then go to menu item Laws and regulations, then go to "Policy Memoranda" and then look for Dec 2005 memoes.

[zoooom]

Thanks!!..Thats as elaborate an answer I could have asked for...Made things clear!!