Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Non-Immigrant Visa
Click to log in with Facebook
Non-Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 02-19-2010, 12:07 AM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2010
Posts: 1
jtp_redson is on a distinguished road
Smile Impact of 1099 MISC (while on F1) on Green Card Processing in future

Hi,

I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.

The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.

So my question to you guys is
1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?

Any help would be greatly appreciated.
Thanks,
Jay

Last edited by jtp_redson; 02-19-2010 at 12:29 AM. Reason: Spelling errors
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 02-19-2010, 11:49 AM
Senior Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
04/15/2007
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
08/11/2007
Compare
Join Date: Jul 2007
Posts: 239
ebizash has a reputation beyond repute ebizash has a reputation beyond repute ebizash has a reputation beyond repute ebizash has a reputation beyond repute ebizash has a reputation beyond repute ebizash has a reputation beyond repute ebizash has a reputation beyond repute ebizash has a reputation beyond repute ebizash has a reputation beyond repute ebizash has a reputation beyond repute ebizash has a reputation beyond repute
Default

As far as I know you did not engage in any unauthorized employment since your school's office issued you CPT (Pre-graduation equivalent of OPT issued by USCIS post-graduation). Most F-1 students engage in CPT related internships so you are fine there.

For 1099-Misc, I am not 100% sure but my gut feeling is that you should be fine as long as you paid your due taxes. I know a few people who got 1099-Misc while in F-1 status (read Amway guys) but their total amounts on 1099-Misc were more in the range of below $100 as opposed to a few 1000s as I would imagine yours is.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 02-22-2010, 01:07 PM
Member
Priority Date
:
May-08
Category
:
EB2
I140 Mailed Date
:
07/10/2008
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
12/29/2011
Compare
Join Date: May 2007
Posts: 88
designserve has a reputation beyond repute designserve has a reputation beyond repute designserve has a reputation beyond repute designserve has a reputation beyond repute designserve has a reputation beyond repute designserve has a reputation beyond repute designserve has a reputation beyond repute designserve has a reputation beyond repute designserve has a reputation beyond repute designserve has a reputation beyond repute designserve has a reputation beyond repute
Default 3 years??

IRS has the recoeds for 3 years only.No sweat!!!
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
1099 Misc Income on H1 ksarin1 Immigrant Visa 12 02-24-2010 10:03 AM
Green Card Future Employment arc Immigrant Visa 1 08-10-2009 11:25 PM
Future Employment Green Card iv4yarli All other Green Card Issues 1 08-05-2008 12:36 AM
Future Employment Green Card arc All other Green Card Issues 16 05-22-2008 04:05 PM
Tax Deductions on 1099 - Misc H1B-GC Self-filing, documents, forms, directions, mailing. 1 04-02-2008 12:42 PM



All times are GMT -4. The time now is 06:01 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org