I140 denial

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Registered Users (C)
Gurus:
I'm currently going to colege, electrical eng., applying for greencard, now on EB3 labor stuck on PBEC with 2002 PD.

A company is sponsoring my studies and living expenses so I can work for them later. The company is located in another state from where I live and go to school.

This company, however, is filling taxes in my name for what they pay me for school/living, and I'm paying taxes as if I were employed, though I'm not working.

Someone told me the INS could look at my taxes and decide I'm working on a student visa, which would make me out of status, and then deny my I140. I'm not working and I can prove it, but I'm not sure if I'd have the chance to prove it if they think I'm working based on my taxes.

I have been on a student visa for 5 years already, always in status (full time enrolled every semester with health insurance and so on), but this tax thing may be a concern. Any word on that?
Thanks for your help!
 
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