Worried and Confused!

W

WorriedFemale

Registered Users (C)
Hi,

I am an international student on an F1 Visa. Unfortunately, due to extreme difficulty, I fell in the spell of obtaining a job off campus (using my social security). I worked for two months but have decided to stop since I now have an on campus job for 20hrs.

However, now that I am about to file my taxes, I got scared because I am not sure if I should file the 8843 form too since one of my employers is clearly not an on campus employer. Will the INS or IRS notice that?

I am currently enrolled as a full time student with a good GPA and maintaining my full time status. Will the filing my taxes under the 8843 form which is also required apart from the basic form automatically notify the INS about my out of status? Since I have realised my mistake. I just want to now work on campus and complete my education quietly and worry about H1B status or green card later.

I am afraid if I try to reinstate myself (which I already cannot afford to travel and come back) and also because I am afraid I might be taking a HUGE risk.

When does the INS legally mark my status as "out of status"? Or I guess what I am asking is when can they know I legally worked off campus? Does the info automatically go to them or until I apply for something else (I was also thinking of applying for EAD).

Silly mistake might cost me severely

Thanks for your help.
 
See a lawyer. Working illegally is a serious problem for your future in the US. Do not add tax violations to your problems by not paying all taxes due. You will likely pay far more than you earned by your illegal work for the legal fees; it will be a small penalty if your situation can be salvaged.
 
I dont think filing taxes has anything to do with INS, not untill when you provide them or your are requested to provide them your tax information which is usually when you apply for the green card thats when you have to show your tax information. other than that, as far as i know, IRS doesnt work with INS unless it is a case of citizenship or perminent residence. But your best bet would be to contact a lawyer.
Also i know some people who have worked more than 20 hours on campus which is completely violating the law and when they filed their taxes, they haven't come across any issues with INS yet. One of the guy got married to the citizen and even got his green card after being on F-1 and after violating the 20 hours on campus rule by working more than 20 hrs.
Wish you the best.
 
Concerned,
I do intend to file my taxes. Just wanted to know if it might be a problem with my continuing education for now.

Naza,
Thanks for the info. I was just wondering if the two offices were linked and worried about my education. I currently dont have any plans to apply for residency, green card or citizenship in the US. I intend to go back working with an international ogranization here which will not require me to have any type of visa or have a social security number.
 
WorriedFemale said:
Concerned,
I do intend to file my taxes. Just wanted to know if it might be a problem with my continuing education for now.

Naza,
Thanks for the info. I was just wondering if the two offices were linked and worried about my education. I currently dont have any plans to apply for residency, green card or citizenship in the US. I intend to go back working with an international ogranization here which will not require me to have any type of visa or have a social security number.
Click to expand...

The bolded statement is not true. Every guest worker is required to have work authorization. It may not be H1B, but it is required.
 
Yeah I completely agree about paying taxes but Naza is definitely right as far as you are concerned IRS and USCIS (old INS) are separate.
 
Concerned4us said:
The bolded statement is not true. Every guest worker is required to have work authorization. It may not be H1B, but it is required.
Click to expand...

I meant to say personally I wont have to apply for the G 4 visa. The organization does the application and not the individual. My taxes are irrelevant since the visa is for International Civil Service and not US residency. I will be here as a foreign national as I am now.
 
Thanks TatiTati

Enlightened,
No wonder things work out well for you! Karma is on your side. Thanks a lot. A quick question though, as an F1 student, how were you filing your taxes? Did you file both the 1040 and the 8843 or only the 1040?
 
I believe I was only filing 1040, but at the same time I was a student in the U.S. for almost 5 years at the time, which meant for tax purposes I was considered a resident.

Also - INS and IRS used to be separate, but that changed, with a memo back in the 90's. They can communicate between themselves, though it doesn't happen often.

And whether you should file the 8843 - I honestly don't know, it may be a question for a lawyer on a forum somewhere. You definitely should do 1040, and then see what the risk is with 8843.
 
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