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  #1 (permalink)  
Old 06-20-2014, 11:48 AM
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Default I-485 pending - did NOT pay Social Security/Medicare TAX for 5 years!!

Hey guys,

I just realized that, NO Social Security/Medicare tax has been deducting from my paycheck, over the past 5 years!! - because in HR payroll my status is still F-1.

- I was an F-1 intern at my company before joining full-time. I've been working full-time on H1-B since 5 years.
- PD is current and awaiting I-485 adjudication (over 6 months)
- Already have EAD/AP card
- Current status: AP (travelling and re-entered on AP)

I'm not familiar with tax stuff at all, I've just been filing 1040EZ online (Turbotax, using company W-2).
I read some unrelated discussion about SS/Medicare tax, and realized that my W-2 boxes 3,4,5,6 were always blank.
I looked online and realized that for H1-B, SS/Medicare should be deducting from paycheck.
I emailed HR, asking why. They replied that in payroll system, my status wasn't updated from F-1

Guys, please answer some questions for me:

1. Anyone faced the same situation? What happened?
2. Will it affect my I-485?? Should I be worried?
3. What should I do? How bad is it?
4. Will I have to pay 5 years of tax!!!

Would really appreciate any guidance. Thanks guys!!
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  #2 (permalink)  
Old 06-20-2014, 12:55 PM
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waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute
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You have done a big tax fraud. Not following the law out of ignorance is not an excuse in the eyes of the law. If you commit shoplifting by mistake and say that you did not know and did it by mistake, if you get caught you can say bye bye to green card. It is less likely you will have problem in green card. because Tax records are not scanned in detail. But if it is caught, there is a problem. But there is a much bigger problem sitting for you at IRS if you do not act. If IRS catches it that you are doing tax evasion for so many years you are in trouble.
Best course of action is to google IRS field office in your town or nearby big town. Just go there asap. No appointment needed. On the window explain the issue. They will pull the records and advice you. These people are very nice and it is much better than contacting customer service phone number. They may have you write a short letter and attach photocopy of your visa and request. That is a better option than waiting to be caught.
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  #3 (permalink)  
Old 06-20-2014, 02:23 PM
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Default

Not giving any excuses, just described what happened.

What's happened has happened now. Just trying to figure out, what's the best thing to do going forward, and how to fix it.

Per USCIS, they are processing November-20-2013 I-485 applications, and mine was filed December 1 2013.

I'm thinking I should just sit wait to hear back on my I-485.
If they approved it and I receive my GC, after that I should look to fix the tax thing.

Does anyone know:
1. What's the consequences of what happened?
2. And what's the solution?

Thanks friends!
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  #4 (permalink)  
Old 06-20-2014, 02:32 PM
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Quote:
Originally Posted by kiani_1 View Post
Not giving any excuses, just described what happened.

What's happened has happened now. Just trying to figure out, what's the best thing to do going forward, and how to fix it.

Per USCIS, they are processing November-20-2013 I-485 applications, and mine was filed December 1 2013.

I'm thinking I should just sit wait to hear back on my I-485.
If they approved it and I receive my GC, after that I should look to fix the tax thing.

Does anyone know:
1. What's the consequences of what happened?
2. And what's the solution?

Thanks friends!
So what happens if your tax fraud is caught before you application is reviewed for approval? And what happens if IRS finds out?

And why should you be worried if you try to fix tax now vs waiting. I think you had made up your mind already about hiding it before you asked. I do not think I would agree with you and will take such a risk of waiting to be caught.
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  #5 (permalink)  
Old 06-20-2014, 02:44 PM
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Quote:
Originally Posted by waitingnwaiting View Post
So what happens if your tax fraud is caught before you application is reviewed for approval? And what happens if IRS finds out?

And why should you be worried if you try to fix tax now vs waiting. I think you had made up your mind already about hiding it before you asked. I do not think I would agree with you and will take such a risk of waiting to be caught.
If that happens, then obviously I'll have to face that situation, and do what's seem best in that case.

Whether I attempt to fix it today or in a few months...either way it's a bad situation from what I can tell. My only hesitation is doing something about it right away is, what if it'll somehow mess up my I-485 (which I've waited YEARS) ....which I why I'm trying to solicit advice from folks.

While this mistake was going on (without my knowledge), I still got H1 stamps, EAD/AP etc ...that's why I'm leaning towards waiting to see if I can the GC in my hands 1st

But I'll do what seems best based on the feedback I receive.
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  #6 (permalink)  
Old 06-20-2014, 04:37 PM
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Default

Quote:
Originally Posted by kiani_1 View Post
Hey guys,

I just realized that, NO Social Security/Medicare tax has been deducting from my paycheck, over the past 5 years!! - because in HR payroll my status is still F-1.

- I was an F-1 intern at my company before joining full-time. I've been working full-time on H1-B since 5 years.
- PD is current and awaiting I-485 adjudication (over 6 months)
- Already have EAD/AP card
- Current status: AP (travelling and re-entered on AP)

I'm not familiar with tax stuff at all, I've just been filing 1040EZ online (Turbotax, using company W-2).
I read some unrelated discussion about SS/Medicare tax, and realized that my W-2 boxes 3,4,5,6 were always blank.
I looked online and realized that for H1-B, SS/Medicare should be deducting from paycheck.
I emailed HR, asking why. They replied that in payroll system, my status wasn't updated from F-1

Guys, please answer some questions for me:

1. Anyone faced the same situation? What happened?
2. Will it affect my I-485?? Should I be worried?
3. What should I do? How bad is it?
4. Will I have to pay 5 years of tax!!!

Would really appreciate any guidance. Thanks guys!!
If it was not intentional please reach out IRS and pay all the back taxes... reach out to a tax attorney if you don't want to deal it yourself.. in both cases be ready to answer the questions from IRS.
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  #7 (permalink)  
Old 06-23-2014, 05:02 PM
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What you are "about to do" tomorrow, you can show your sincerity of doing by starting today. This will be your best defence why your 485 should not be denied. If you wait, you will have no basis of saying "I was about to fix that". irs and cis may not be that much connected really so your correction need not trigger a problem with cis. I say just go for it immediately - it look to me like your safest option. Just my opinion, rest is upto you ..
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  #8 (permalink)  
Old 06-23-2014, 08:21 PM
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Default

Quote:
Originally Posted by kiani_1 View Post
If that happens, then obviously I'll have to face that situation, and do what's seem best in that case.

Whether I attempt to fix it today or in a few months...either way it's a bad situation from what I can tell. My only hesitation is doing something about it right away is, what if it'll somehow mess up my I-485 (which I've waited YEARS) ....which I why I'm trying to solicit advice from folks.

While this mistake was going on (without my knowledge), I still got H1 stamps, EAD/AP etc ...that's why I'm leaning towards waiting to see if I can the GC in my hands 1st

But I'll do what seems best based on the feedback I receive.
Although it's pretty obvious from your post that you cheated on taxes for all these years. Your whole explanation about realizing that you are doing a tax fraud through a forum makes no sense.

There is no possible way that you went through green card process, did your taxes yourself and did not know you were cheating on taxes.

Infact, the question you want to ask is:
"Will USCIS check IRS records and I may get denied?"

Let's be super liberal and assume that you had no clue about it, but the moment you realized it and did not report it to IRS, you ARE DEFINITELY DOING A FRAUD.

I wish you get caught and kicked out of the country now, right now.

You are the kind of people who have bring shame to immigrants, I feel sorry and ashamed to have came across your post.

If you have the last bit of decency left, go pay your taxes now.
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