1099 issue? Advice

G

gcinworks

Registered Users (C)
My emplyer holda my H1 and for 3 months I did a consulting job and the company paid me on 1099.

Since INS requires last 3 year tax returns and I did declare the income on my tax returns, Is working on 1099 going to cause problem with the proceedings in the GC process i.e. filing of the I-140 and I-485 ?

If anyone, has some infomration, any help would be appreciated?

Thanks in advance
 
1099 issue?

If you worked on 1099 with a company other than the one that holds your H1, then you violated your H1 status. USCIS may or may not detect this from your tax returns while processing your 140/485. Do you have your pay stubs also from that period?

Remember, even while on H1 you may have passive income like dividend from the shares that you hold in some companies or interest from your bank account. You should report this type of income as 1099 on your tax returns and there will be no problem. The keyword here is passive income.

Eric

gcinworks said:
My emplyer holda my H1 and for 3 months I did a consulting job and the company paid me on 1099.

Since INS requires last 3 year tax returns and I did declare the income on my tax returns, Is working on 1099 going to cause problem with the proceedings in the GC process i.e. filing of the I-140 and I-485 ?

If anyone, has some infomration, any help would be appreciated?

Thanks in advance
Click to expand...
 
EricS said:
If you worked on 1099 with a company other than the one that holds your H1, then you violated your H1 status. USCIS may or may not detect this from your tax returns while processing your 140/485. Do you have your pay stubs also from that period?

Remember, even while on H1 you may have passive income like dividend from the shares that you hold in some companies or interest from your bank account. You should report this type of income as 1099 on your tax returns and there will be no problem. The keyword here is passive income.

Eric
Click to expand...
Thanks for replying, Eric!. Yes, Eric I do have all the paystubs from the employer holding my H1-B. Regarding, 1099 I just received a 1099 form stating the amount that I received for the contract job.

Yeah, you are right passive income should not be a problem.

Do you know what kind of a penalty is there for violating the H1B status? Are there any options left?
 
Simply put, if you violate your H1 status, that means you are out of status. You may not be able to do AOS, but as I mentioned, if you have passive income then it is fine, no problem. So if they ever ask you about your 1099 income, you will need to show it as passive. There is no other option that I know of.

Eric

gcinworks said:
Thanks for replying, Eric!. Yes, Eric I do have all the paystubs from the employer holding my H1-B. Regarding, 1099 I just received a 1099 form stating the amount that I received for the contract job.

Yeah, you are right passive income should not be a problem.

Do you know what kind of a penalty is there for violating the H1B status? Are there any options left?
Click to expand...
 
As far as i know the only likely place that they might look at it is when they collect documents at the consulate. So in the 1 hour and if they collect the tax return ( which they dont for a lot of people) there is a slight chance that they may see it.

/S
 
For my filing of I-140 and I-485 I have been asked to to submit my last 3 year tax-returns. Wonder if INS is going to look closely into the tax returns.
 
1099

gcinworks said:
For my filing of I-140 and I-485 I have been asked to to submit my last 3 year tax-returns. Wonder if INS is going to look closely into the tax returns.
Click to expand...

I do not think they will look that closely, but I can not say that for sure. You never know what kind of officer looks at your file. I will suggst you consult a good immigration lawyer.

Eric
 
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