Just out of curiosity, how does USCIS see if a person continues to work beyond their visa? Is it through IRS? Thank you.
DV 2021 AOS Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
If you're processing AOS, follow the guidance on the AOS process spreadsheet (which doesn't say anything about required document submission to KCC). You decide if you want to submit the DS260 or not.
Thank you so much for your response.
Yes, he says your tax was filed correctly.
My case was updated on USCIS web page, on March, 16 ,2021 to the case was received on February 9, 2021. Can I expedite my employment authorization card, specially I will have a job offer with start date june, 1, 2021. How can i do the expedition process, through a phone call or sending a letter to USCIS??
Sm1smom
Super Moderator
I don't know and I don't think knowing how USCIS becomes aware of someone whose work authorization has expired continues working, or someone who is not authorized to work is actually working is relevant. What matters IMO is the non-immigrant being aware of what they are eligible to do and not violating whatever non-immigrant status they're in. The truth will always come out, especially when least expected.
Sm1smom
Super Moderator
You asked your tax preparer why the IRS has the non-resident form listed on their website, and the response you got was "your tax was filed correctly"? That doesn't seem like the correct response to me. It shows he's not quite the expert he claimed to be if he cannot explain the intent of the non-resident form or who is required to use it.
Sm1smom
Super Moderator
"You can generally request expedited processing by contacting the USCIS Contact Center at 1-800-375-5283 (TTY for the deaf, hard of hearing, or those having a speech disability: 1-800-767-1833) or by asking Emma after you have obtained a receipt notice. (You can access Emma by clicking on the Ask Emma icon on the top right of this page). The USCIS Contact Center will not be able to refer the expedite request to the appropriate office without a receipt number. When you call to request expedited processing, the USCIS Contact Center creates and forwards a service request to the office with jurisdiction over your application or petition"
How to Make an Expedite Request
SusieQQQ
Well-Known Member
Interestingly the university of Oklahoma published something a while back saying that students who used TurboTax rather than Sprintax could have filed incorrectly. (I know there will be some cases where a student can genuinely file as a resident but clearly also happens erroneously enough for them to highlight this)
Stimulus check information
www.ou.edu
If You Receive a Stimulus Check in Error
Some students might receive this check by mistake, if in the past they erroneously filed their taxes as a resident (using software like TurboTax) instead of as a nonresident alien (using software like Sprintax). If you filed incorrectly, it is important that you amend (correct) your previous tax returns for all incorrect years. If you are in this situation, you likely owe money to the US government.
Sm1smom
Super Moderator
Excellent post!!Interestingly the university of Oklahoma published something a while back saying that students who used TurboTax rather than Sprintax could have filed incorrectly.
Stimulus check information
www.ou.eduIf You Receive a Stimulus Check in Error
Some students might receive this check by mistake, if in the past they erroneously filed their taxes as a resident (using software like TurboTax) instead of as a nonresident alien (using software like Sprintax). If you filed incorrectly, it is important that you amend (correct) your previous tax returns for all incorrect years. If you are in this situation, you likely owe money to the US government.
SusieQQQ
Well-Known Member
Along with sm1smom’s response above (and realizing that there are different pathways to discovery via different visa types) it is also worth mentioning that any knowingly false declaration on a USCIS form or to an immigration official in order to gain an immigration benefit is fraudulent misrepresentation, and can lead both to current status being revoked and to a ban from the US.
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Thank you for your prompt response and thank you for clarifying.
I recently sent him the IRS link and he still insists that my tax was filed correctly. Now, I know that my tax was not filed correctly. Any suggestions to tackle this issue? Does it affect my AOS case?
Sm1smom
Super Moderator
See Susie's post, follow the link in the post for further guidance on what to do
Sm1smom
Super Moderator
In addition to Susie's post, here's what the IRS's website says regarding non-resident aliens who received the stimulus payment (the proverbial "from the horse's mouth"):
QA6. Do I Qualify for the Payment if I am a Resident Alien? (Updated March 9, 2021)
Q6. A person who is a qualifying resident alien with an SSN valid for employment is eligible for the payment only if he or she is a qualifying resident alien in 2020 and may not be claimed as a dependent of another taxpayer. An alien who received a payment but is not a qualifying resident alien for 2020 should return the payment to the IRS by following the instructions in Topic I: Returning the Economic Impact Payment.
Questions and Answers about the First Economic Impact Payment — Topic A: Eligibility
If the payment was a paper check and you have cashed it, or if the payment was a direct deposit:
QA6. Do I Qualify for the Payment if I am a Resident Alien? (Updated March 9, 2021)
Q6. A person who is a qualifying resident alien with an SSN valid for employment is eligible for the payment only if he or she is a qualifying resident alien in 2020 and may not be claimed as a dependent of another taxpayer. An alien who received a payment but is not a qualifying resident alien for 2020 should return the payment to the IRS by following the instructions in Topic I: Returning the Economic Impact Payment.
Questions and Answers about the First Economic Impact Payment — Topic A: Eligibility
If the payment was a paper check and you have cashed it, or if the payment was a direct deposit:
- Submit a personal check, money order, etc., immediately to the appropriate IRS location listed below.
- Write on the check/money order made payable to “U.S. Treasury” and write 2020EIP, and the taxpayer identification number (social security number, or individual taxpayer identification number) of the recipient of the check.
- Include a brief explanation of the reason for returning the EIP.
ishmog
Well-Known Member
Interestingly the university of Oklahoma published something a while back saying that students who used TurboTax rather than Sprintax could have filed incorrectly. (I know there will be some cases where a student can genuinely file as a resident but clearly also happens erroneously enough for them to highlight this)
Stimulus check information
www.ou.eduIf You Receive a Stimulus Check in Error
Some students might receive this check by mistake, if in the past they erroneously filed their taxes as a resident (using software like TurboTax) instead of as a nonresident alien (using software like Sprintax). If you filed incorrectly, it is important that you amend (correct) your previous tax returns for all incorrect years. If you are in this situation, you likely owe money to the US government.
My university gives international students a special access code to file via Sprintax for free. Yesterday, I filled my 8843 form for 2020. Do you recommend including that in my AOS package even though it's not technically an income tax return (for evidence of tax exemption) ?
Hi @Sm1smom, I sent my AOS Fee via UPS and it was redirected to:
U.S. DEPARTMENT OF STATE
1005 CONVENTION PLZ
SAINT LOUIS, MO 63101
US
Because UPS do not deliver to P.O Boxes. Should I do anything or will this end up in the right hands? Thank you!
Sm1smom
Super Moderator
Hopefully, it gets to the right source. Like I previously noted, the only publicly listed address for the DV Administrative fee payment is the P.O. Box address
ishmog
Well-Known Member
Yes, but I forgot to ask whether I need to provide some kind of evidence.