Unauthorized employment & AOS

N

ndc121

Registered Users (C)
Hello,
I have a question regarding employment.
If you have work authorization for the summer and you are employed as a regular employee. But the next summer you return as an independent contractor for a couple of months without authorization, is that forgiven when you are undergoing an AOS based on marriage to a USC?
What is the best way to handle that?
Thanks :) :)
 
ndc121 said:
Hello,
I have a question regarding employment.
If you have work authorization for the summer and you are employed as a regular employee. But the next summer you return as an independent contractor for a couple of months without authorization, is that forgiven when you are undergoing an AOS based on marriage to a USC?
What is the best way to handle that?
Thanks :) :)
Click to expand...

I tried and tried, but I dont see any other way to interpret your question. Can you be clear and specific?
 
Oopps sorry.
The question concerns working without authorization.
If I worked somewhere for a few months with authorization, and then returned the following year and worked a few months without authorization, what would the consequences be when AOS by marriage to USC?

Does it make a difference if the authorized work was as an employee, but the unauthorized work was as an independent contractor, i.e. not being an employee, just being paid per task.

Thanks again
 
Getting paid for a task is a "work"- to work you need a work permit. It doesn't matter if you work as an employee or as an independent contractor. As long as you are getting paid for your services, you need a work permit. One of the questions asked during AOS interview is whether you have ever worked illegally. It should be forgiven but be prepared to justify.
 
ndc121 said:
Oopps sorry.
The question concerns working without authorization.
If I worked somewhere for a few months with authorization, and then returned the following year and worked a few months without authorization, what would the consequences be when AOS by marriage to USC?

Does it make a difference if the authorized work was as an employee, but the unauthorized work was as an independent contractor, i.e. not being an employee, just being paid per task.

Thanks again
Click to expand...

If you are the IR of a USC and had worked illegally before you applied for AOS, your illegal employment would be forgiven. This however DOES NOT mean that you start working illegally after you file for AOS expecting your illegal employment to be forgiven.

other than that, i agree with the other poster here. If USCIS gets easy on you, IRS wont.
 
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