May have worked ilegally

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worker7

Registered Users (C)
I just graduated from a Masters in a US business school. During school I had an F1 visa. At some point during a summer intenrship a professor contacted me to carry out a consulting project for a separate company. Since I was under CPT for my internship a mistakenly thought I could legally do this. I engaged in the project and was paid for five days of work as a consultant for a company I did not have CPT authorization to work for.

Obviously this company sent me a 1099-MISC for my tax filing, which I did. I will being working for pretty large company who has offered to process my Green Card with Fragommen. I am really concerned that when I apply for the Labor Certification and I submit my tax filings this will raise concerns. I only worked for aproximately 40 hours and part of this work as actually performed in my home country while I was on "vacation".

One lawyer told me there is some sort of rule where if you have worked ilegally for less than 180 days, the USCIS forgives this. Any information regarding this issue would be greatly appreciated. Thanks.
 
I wouldn't worry too much. You also get 1099-MISC for some investments (not having to do with your own work). Therefore they most probably won't even notice that it is work related.

Further, not all lawyers submit tax returns for GC filing. Some only W2s.

worker7 said:
I just graduated from a Masters in a US business school. During school I had an F1 visa. At some point during a summer intenrship a professor contacted me to carry out a consulting project for a separate company. Since I was under CPT for my internship a mistakenly thought I could legally do this. I engaged in the project and was paid for five days of work as a consultant for a company I did not have CPT authorization to work for.

Obviously this company sent me a 1099-MISC for my tax filing, which I did. I will being working for pretty large company who has offered to process my Green Card with Fragommen. I am really concerned that when I apply for the Labor Certification and I submit my tax filings this will raise concerns. I only worked for aproximately 40 hours and part of this work as actually performed in my home country while I was on "vacation".

One lawyer told me there is some sort of rule where if you have worked ilegally for less than 180 days, the USCIS forgives this. Any information regarding this issue would be greatly appreciated. Thanks.
Click to expand...
 
Not there yet

Well, as I had explained the company I am working for is processing my green card. So far we are about to finish the recruitment phase, so there hasn't been a need to submit my tax filings yet, though I know it is coming. For the Labor Certification process the tax filings are not necessary. I know they are at some point in the future though. So perhaps I should post my question under some other topic to see if anyone else has had experience with an issue similar to mine.

I am really impressed with the amount of people who come back after their internships between the spring and fall semesters with F1 visas and then continue working without filing a new CPT. Which is a similar problem as mine, though different.

A really nice person called GC was very reassuring to me that my case shouldn't be a problem because they are not really looking for 1099-MISC. I certainly hope he is right. I will keep everyone posted on any update, please do the same.

Worker7
 
May have worked ilegally Reply to Thread

They ask for your previous 3 tax filings, but in another form they ask all previous employment for the last 5 years. Now I don't know if working 5 days is considered "employment", plus how do they know you were in the US while doing this work???
 
Thanks immig

Thanks, I really hope you are correct. Do you mind mentioning why you are so sure? Do you know of other cases? I see you post a lot here, so it seems you have some experience. Please get back to me either publicly or privately.

Thanks again
 
Thanks Immiq

You think I have not googled and searched and asked and everything possible to confirm what I read, Immiq? Give me a little credit.

I am just asking to gain more references and become more knowledgeable. I think that what you are saying is true, but the more sources we have the better prepared we all are, if you are sure of what you are saying you must have a reason, and if you are not sure I would like to know how sure are you. I am just trying to further help everyone like me that has had this problem and avoid any misinformation.

It is up to you how much you want to help.

- worker7
 
Wish someone could keep talking to you about it or you may want to pay an attorney for the reason. Bye now!
 
Hey all,

Just wanted to let folks know that things worked out well for us. This turned out to be a non issue as they only requested one year of income taxes so it never came up. Still I would advise incurring the risk. Good luck to all.
 
Which stage in your GC process, did you have to submit tax returns, and employment letters?

Please elaborate for the benefit of everyone reading these forums...

Thanks in advance
 
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