H1-B Violation?

M

mariduke

New Member
I am currently working full time for CompanyA under H1B sponsorship.

I worked as non-employee consultant for a Federal grant project of CompanyB. I received $1,000-a-month as "non-employee" compensation for 5 months in 2004. I received IRS 1099 for these. I declared these earnings in the self-employment supplimental form in my 1040 returns.

Question 1: Did I violate the H1B work authorization? CompanyB keep telling me this is legal because I was paid as 'non-employee' but I'm reading from these furums that it an unauthorized work.

Question 2: I will be applying for a GC soon. Will USCIS eventually find this out?

Question 3: Is this violation severe enough that can cause me to get deported?

Question 4: What should I do to rectify this. Should I be pro-active? or just wait until they find out?
 
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Question 1: Did I violate the H1B work authorization? CompanyB keep telling me this is legal because I was paid as 'non-employee' but I'm reading from these furums that it an unauthorized work.

-- Yes

Question 2: I will be applying for a GC soon. Will USCIS eventually find this out?

-- Yes , They may and generally do when you go for your 485 Interview . Thats when they check your file and every detail ..

Question 3: Is this violation severe enough that can cause me to get deported?

-- May be

Question 4: What should I do to rectify this. Should I be pro-active? or just wait until they find out?

-- No Idea
 
Doubtful

Question 2: I will be applying for a GC soon. Will USCIS eventually find this out?


Very unlikely. I doubt that they will find out without you telling them
 
Thanks guys for your inputs.

I noticed in the the Biographical Information form 325, that I have to list my employers for the past 5 years. Do I need to mention my work with CompanyB? Note that I only earned 'non-employee' compensation (they never actually hired me as employee).

During the 485 interview, should I voluntarily mention about my work with CompanyB, or should I wait for them to ask?
 
mariduke said:
Thanks guys for your inputs.

I noticed in the the Biographical Information form 325, that I have to list my employers for the past 5 years. Do I need to mention my work with CompanyB? Note that I only earned 'non-employee' compensation (they never actually hired me as employee).

During the 485 interview, should I voluntarily mention about my work with CompanyB, or should I wait for them to ask?
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don't volunteer this information. u have a perfect explanation. Are u sure u would have to have an interview?
 
augustasylee said:
don't volunteer this information. u have a perfect explanation. Are u sure u would have to have an interview?
Click to expand...

Actually, I don't know; and I don't know any details of GC process yet. I inferred from bhand11683's reply that I had to.

Well I hope I wont need one.
 
What if this income is not declared at all in tax return?

I have an extension to this query what if such type of income is not declared at all in the tax return.

Will it be more safe?
 
anu73_in said:
I have an extension to this query what if such type of income is not declared at all in the tax return.

Will it be more safe?
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The company that gives you a 1099 sends a copy of that 1099 to the IRS. It would be really short-sighted to not declare this income, because the IRS will definitely find out. This is one of the first checks they run a tax return through.
 
mariduke said:
Actually, I don't know; and I don't know any details of GC process yet. I inferred from bhand11683's reply that I had to.

Well I hope I wont need one.
Click to expand...
How would your current employer feel about helping you out? You could always ask them to pass this money (your non-employee compensation) through their payroll. Essentially, you would be paid by them as an employee, thus avoiding future problems with unexplained income.

However, the fact remains that you have violated the terms of your H1B. Volunteering this information to anyone involved in your GC process is unnecessary.
 
no 1099, just sign up the company

If I just sign up the company and before I got greencard(I hope it will be within a year), I dont get any payment from that company.
The reason I want to sign up is to get some trainings from them and be involved in their work.(They are kind of company that everybody works indepedently but if you make business they give you comission).

Will this be safe, I dont want to take risk since my green card will be arriving soon.(I hope.)
 
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