Badly in need of help - Please help - Experts and others - Bhanu, Hanuman

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xing xang

Registered Users (C)
I have recieved RFE for my tax returns (not just W2). I have 1099s and W-2. Did someone have similar situation. What are the documents you presented to INS.

Next important things is I might be laid off by my employer. In that case, What options do I have. My I-94 expires in june. PLEASE HELP.
 
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Don\'t be scared. I suppose you a copy of all the taxes you have filed (Precisely form1040).
Those copies you submit and you are done. So simple it is.
Regarding you being laid off in future don\'t start feeling tense from now itself. Till now you have a job so you can submit your paystubs
Everything will be alright and stop worrying.
Regarding your I94 expiring I am not sure if it has any impact.
 
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Thanks always smile. I have submitted my tax returns, w-2 and 1099s to my attorney who happens to be part of the company. That is the reason I think they might fire me becos of 1099. In that case, what are my options? Please help. Experts too
 
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Did you include the copy of 1099 also when you filed I485 form.
At that time you were not on H1 .

Send little brief if you can ...
 
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I did not have any 1099 at the time of filing my i-485. I got my 1099 using EAD. My details are : INS asked for federal tax return.I have all my copies and it is all legitimate. There is nothing illegal or anything like that. All I want to know is what are the documents I should send along with W-2,1099 and 1040. Those are only things I sent to IRS.

#2) My employer might fire me becos of 1099. In that case what are my options?????
 
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Respond to the RFE, in consultation with attorney.

And look for a job in the same classification.
 
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I think that during I485 ages, your lawyers only represent you
so that he can not release your 1099 forms to your company
due to client/attorney confidentiality

Do you need to use EAD for 1099 work? I think by law
1099 workers are not really considered as employees
so that the company that give you 1099 is not
allowed to check you work status. I don\'t know
much about this though.

For your 1099 money , don\'t forget also to submit evidence
of quaterly estimated tax payments and self-employment taxes
(15%) to INS
 
No Title

Hello,

File Tax Returns (W2 and Tax filing information) and other details as requested by INS with lightning speed. Make sure you do this ASAP and once INS receives them, almost 99% possibility is that you will get approved. Good luck my friend...

All is OK, don\'t panic as this is usual but act with fierce speed...

Bhanu
 
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Hi
I can not find my state and local tax return for previous year.
But I still keep previous years\' 1040 tax return forms.
I am wonderingn whether ref also ask local/state previous tax return?
and what is 1099 , in my memory we only filed form 1040 and local
tax return form

Thanks
Tied
 
No Title

As a standard, you only submit federal tax returns for past
3 years (of course, they can ask also for state/local taxes
for more than 3 years of fed).

1099 is like W2 but only for business income. You should
have got them for bank interests 1099INT, stock or
mutual fund dividents 1099DIV, capital gains etc.
It is also for free-lancing income like consulting
1099MISC.

1099 free lancing income may not allowed for non-immigrant
visa holders except for certain cases. So if you
have 1099misc income during F1 and H1 times, and
report them on your tax return for last 3 years,
you may alert the INS.

If you are required to pay socil security taxes, then
you should also pay self-employment taxes 15% on
1099 free lancing income.

I think INS is either too stupid or too lenient.
If I review cases, I am bound to find such problems
in many applications like not paying self-employment
taxes, not not paying taxes quartaerly for free-lancing.
 
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Hi,

I did not file expected quarterly tax payments for my 1099 as I did not know about it. I thought it is like w-2 and I have to pay at the end of the year. But I was paying more taxes in w-2 that would have covered my 1099 taxes too. Is this a problem? PLEASE HELP.Bhanu and others.
 
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Xing xang sorry for not responding earlier since I was out and just got in.I think most of the points are already posted by my good and experience friends but still my 2p are as below.

DONT WORRY nothing is unusual at this point.This kind of RFE is normal in some cases.

Submit all the documents RIGHT AWAY.

I dont know your other details but if you have completed 180 days you are covered under AC-21 for job change.....Look out for job in similar capacity.

If you have not completed 180 days then you are covered under 245i be prepare to file I485 A and pay $1000 fine per person.

Legally you employer should not have any problem with you working on 1099 after getting EAD...try to resolve this issue diplomatically at this point IF YOU CAN !!!

Take advise from tax consultant about your 1099 tax issue THIS SHOULD NOT BE BIG DEAL SINCE YOU DID NOT HIDE ANYTHING AT THE END OF THE YEAR you may be subject to some fines because of NON TIMELY FILING

I suggest if you don\'t feel confident then don\'t use company\'s attorny take second opinion from other GOOD lawyer.

Cool down and think of all the consequances before taking any step of changing the job. Try to salage your case with your current employer cut some deals if you can.

REMEMBER "WARS ARE LOST IN MIND AND NOT IN BATTLES"

Good luck my friend our well wishes are with you.

Sincerely
Hanuman
 
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Sttrictly speaking, you need to do quarterly estimated
payment for 1099 (for W2, your employers withhold for
you). Doesn\'t matter whether you overpaid by 04/15
or covered by W2 wages.

But don\'t worry about these. If the INS really want to
be picky, there would be no immigrant in this country.
 
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Thanks for details American Wannabe but I don\'t think that constitutes a CRIME this is called irregularity and is punishable by monitory fines in case like this. GREEN CARD CAN BE JEOPARDISE ONLY IF YOU COMMIT SERIOUS CRIME....I am not an expert but just like you trying to help others.

Careless
Hanuman
 
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quarterly payment is Ok. You put all income taxes withheld
for W2 and 1099 combined on Line 58 anyway. So that
one can not even tell how they are withheld.

But if you failed to pay self-employment taxes (many
free-lancer forget), it may call the reviewer to attention.

You need to put down 50% of self-employment taxes on
Line 27 (Schedule SE attached) for deduction.
Then you need to put down self-employment
taxes on Line 52 (Schedule SE attached).
 
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I don\'t think it is a big deal either. the IRS seldom
pursue criminal charges against us small fish for minor
irregularities (but they definitely could so it is
good to be careful). They usually impose civil
penalties only (it is easy for them to win this
way because they only need prepondrance of evidence
rather than proof beyond reasonable doubt)

Here are some typical violations on tax return

civil violations include
   Unpaid taxes
   Negligience
   Failure to file return when due
   Bad check charge
   Frivolous or incomeplete return
   Frivolius lawsuits against teh IRS
   Overvaluation of property
   Intent to evade taxes
   False withholding information
   Failure to file partnership return

Criminal violation include
   Willful failure to pay or file
   Willful falsifying return
   Intent to evade taxes
   False withholdiung information
 
No Title

Tax crime is a serious crime. Once you are convicted, you
are out of this country, period - waiver is availble for many
crime but not for a tax crime). But as I said, don\'t worry.
It is a crime only if you are convicted, which first require
the IRS really bring a CRMINAL charge against you and
prove you are guilty beyond reasonable doubt. Some
irregularity on tax return form is certainly still far
far away from conviction of tax crime. So don\'t worry
but don\'t take a who cares attitude either. As I said
in some other thread, there are bound to be someone
who will eventually lose their hard-earned green card
for small matters that they never think matters until
disasters happens. This is not something I want to scare.
Someone will kill themselves for drinking and drive,
let alone losing a stupid green card
 
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I understand my friend but at this stage we should try to find the ways for the THINGS THAT ARE ALREADY DONE since we can not turn the clock back thanks any way for your concerned approch

now concerned
Hanuman
 
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For things that are already done, just submit to
the INS whatever you have submited to the IRS. If
the IRS does not make a big fuss, I doub\'t that the
INS will make one. If the IRS can not find anything
wrong with your ta return, do you think the INS will
be more smarter than the IRS? I even doubt that
the INS will actually review your tax return.

But remmeber that the INS guys also need to pay
taxes. I guess that they are also be harassed by
the IRS guys. And you know that a harasseee can
tunr into a good harasser. Just like If I
were employed by the INS, I think I would do
a much better job than them in identifying inadmissible
people among green card applicants:)
 
No Title

Talking about state taxes. A reminder to 401K participating
Pennsylvania residents whose HR is based in other states:
Your Box 17 (state income) should be the same as Box 3
(Social security wages) rather than Box 1 (wages, tips other
comp) because Pennsylvania is the only state that does not
allow tax deferral on 401K contributions and out of PA based
human resource department of many companies are too ignorant
to know this and does not report 401K contribution for state
tax purpose. If this occurs to you and you are interviwed
by Philadephia INS Office, you may be caught.

Of course, maybe the INS payroll depoartment does not either
know Peensylvania laws and do not report INS officers\'s
403K money to PA, in that case, you don;t have to worry
but I believe PA Treasures should bust many INS agents
in the Pennsylvania :)
 
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