jtp_redson
02-18 11:07 PM
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
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
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April 3rd, 2005, 05:55 AM
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arc
08-10 10:00 PM
Hello
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
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smuggymba
01-16 11:12 PM
The HR/Lawyer has to decide the category, you can't. The job category is based on what the job requires, not what you have. If you have 20 years of experience but the job requires just BS, it falls into EB3. Good luck.
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when
02-29 08:45 AM
How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?
10dulkar
01-11 09:21 PM
why EB2 is "U"
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bfadlia
12-09 12:12 AM
Guess what! Feb 1995 bulletin is also out!!
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
wow, u actually digged out the real feb95 bulletin.. amazing how many 'C's it had.. those were the days
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
wow, u actually digged out the real feb95 bulletin.. amazing how many 'C's it had.. those were the days
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dskhabra
07-27 08:49 AM
Your change of status will come under 65K cap..and if the cap is not increased (lets still hope for the best) then it's going to be lottery again and it's your luck to be selected in the lottery. because of lottery you can not plan a lot of things..
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elusive
10-14 12:31 PM
I went to Toronto , that was august 2008.
1) he just asked which school i studied when I was in F-1
2) who is your employer.
3) why did you leave studies-- I said I got a good opportunity and I am close to finish it soon.
4) he looked into my previous 797 to verify whther I was out of status any time which I was not
5) Then he said the unofortunately you have a very common last name so we he gave the a sheet , kept the original 797 and gave my passport back to me...took 6months before I got email .. went back and got the visa...
I dont know whether I have to go thorugh that issues again when I go for stamping...
1) he just asked which school i studied when I was in F-1
2) who is your employer.
3) why did you leave studies-- I said I got a good opportunity and I am close to finish it soon.
4) he looked into my previous 797 to verify whther I was out of status any time which I was not
5) Then he said the unofortunately you have a very common last name so we he gave the a sheet , kept the original 797 and gave my passport back to me...took 6months before I got email .. went back and got the visa...
I dont know whether I have to go thorugh that issues again when I go for stamping...
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ksure
01-25 04:47 PM
i was on h4 , then i applied for new h1 and new ead( through from primary person ) at a time.
i got h1 and ead approvals. i cancelled my h1 because i got ead approval though primary person.
so right now primary person and me both are used our eads. i am doing job using ead .
what my question is if i dont want to continue my work for some months but want to stay on ead , is anything wrong. is there any out of status question . because i am not primary person , as a dependent of primary person through primary person i got ead .
so for dependant person who is having ead can do job any time and if needs can stop doing job as long as i dont want right . there is no wrong right ?
please tell me attorneys or well known persons.
i got h1 and ead approvals. i cancelled my h1 because i got ead approval though primary person.
so right now primary person and me both are used our eads. i am doing job using ead .
what my question is if i dont want to continue my work for some months but want to stay on ead , is anything wrong. is there any out of status question . because i am not primary person , as a dependent of primary person through primary person i got ead .
so for dependant person who is having ead can do job any time and if needs can stop doing job as long as i dont want right . there is no wrong right ?
please tell me attorneys or well known persons.
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Steve Mitchell
January 28th, 2004, 08:30 AM
In my opinion, one of the more intriguing product announcements from Nikon today was the Coolpix 8700. If it improves significantly from the Sony, that could be a killer product. Right now, Canon is lacking a bit in the true consumer DSLR market. But then again, PMA is right around the corner. Click here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=122&mode=thread&order=0&thold=0) for the 8700 infp.
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jonty_11
07-06 04:36 PM
I think it means if you sent in your application then you can get a receipt by the date listed.
Atleast thats the interpretation I got from it.
sent in ur application by when? waht must the receipt date ?
Atleast thats the interpretation I got from it.
sent in ur application by when? waht must the receipt date ?
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cygent
06-18 08:03 PM
Dear Attorney,
I request your help with the following.
I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?
This is my agreement with C :-
During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & cygent, cygent will not do any of the following:
1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers cygent became aware of as a result of performing services for the above referenced assignment; or
2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & cygent, or
3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between cygent & C.
cygent will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.
Thank you & Regards,
CYGENT
I request your help with the following.
I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?
This is my agreement with C :-
During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & cygent, cygent will not do any of the following:
1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers cygent became aware of as a result of performing services for the above referenced assignment; or
2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & cygent, or
3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between cygent & C.
cygent will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.
Thank you & Regards,
CYGENT
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kpkrind
09-05 10:54 AM
Hello All,
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
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rag_1970
11-10 08:51 AM
I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.
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inskrish
07-23 12:24 AM
Just curious. Is there anything special with the date "07/18/08"?:)
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gapala
03-27 06:34 PM
I don't know about legal risks but health-wise that sounds quite risky.
I can't believe to what extent some people will go to earn money!
Boss, don't make yourself a guinea pig. No amount of money is worth it.
If every one thinks like you, how in the world would drugs be developed to cure the diseases? :D :) Note that before any drugs gets to the stage of human subjects research, it would have completed several trials to ensure that its safe. Adverse events may happen during the trial but in recent studies, not many.
Generally, there will be an orientation and screening before enrollments, you will get all the information at that stage and you may choose not to enroll or if you have any particular condition identified during screening, you will not even be enrolled.
Risks are very minimum. Good luck.
I can't believe to what extent some people will go to earn money!
Boss, don't make yourself a guinea pig. No amount of money is worth it.
If every one thinks like you, how in the world would drugs be developed to cure the diseases? :D :) Note that before any drugs gets to the stage of human subjects research, it would have completed several trials to ensure that its safe. Adverse events may happen during the trial but in recent studies, not many.
Generally, there will be an orientation and screening before enrollments, you will get all the information at that stage and you may choose not to enroll or if you have any particular condition identified during screening, you will not even be enrolled.
Risks are very minimum. Good luck.
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gnrajagopal
06-18 12:46 AM
just make a request to the irs. they have the details on their website. its a very simple process.
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pcs
04-07 08:06 PM
They are a force to reckon with & their succes will help us NOT hurt us.
Let us encourage them to protest.
Let us encourage them to protest.
belmontboy
05-27 05:18 PM
1.Is it mandatory to have a pending 485 application in order to get H1b
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
There is a similar thread on this issue.
http://immigrationvoice.org/forum/showthread.php?t=2204
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
There is a similar thread on this issue.
http://immigrationvoice.org/forum/showthread.php?t=2204
leo_loco
06-28 02:42 PM
Hi:
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
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