Q. My husband is currently on a G4 visa. I have received my green card recently on EB2, and my husband received his green card as my dependent. Is it possible for him to continue on his G4 visa to maintain his international benefits?
A. It is not possible to be a lawful permanent resident and hold G-4 status at the same time. If your husband received his green card, then even though he may have a G-4 visa stamp in his passport, he no longer holds G-4 status; effectively his G-4 status has been terminated.
Q. What is best practice for paying new employees with an F1 VISA who have applied for a Social Security Number but have not yet received it? Is the employer required to pay them? How should they be paid without an SS#?
A. New hires are not required to have a Social Security number in order to be paid. If you have a new hire who does not yet have a social security number, you should make sure you have the person's full name, address, date of birth, place of birth, father's full name, mother's full maiden name, gender and the date he or she applied for a Social Security number. If the person applied for a Social Security card but doesn't have the card in time for filing, the Social Security Administration recommends that you enter "Applied For" in Box a on the paper W-2 form. If you file the W-2 electronically, enter all zeros in the field for the Social Security number. You should instruct the employee to inform you as soon as his/her Social Security card arrives in the mail. When you receive the Social Security number, you are instructed to file Form W-2c (Corrected Wage and Tax Statement) to show the employee's number. Don't forget that employees on F-1 and J-1 visas typically are exempt from FICA withholding.
Q. I am a current employee with an active I-766 which expires soon. I have already applied for an EAD renewal. If my EAD does not arrive by the expiration date of my current EAD, is there any way for my employer to keep me on board? Can the current I-9 be extended until my new EAD arrives?
A. The EAD (employment authorization document) is specifically limited to a date. It requires a renewal in order for you to continue work legally.
Q. Does filing separate tax returns affect my immigration status, or does it not matter?
A. Unless you are getting a green card through marriage, I cannot see any interaction between filing a separate return and your immigration status.