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
wallpaper forces during World War II
sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
hibworker
05-16 01:24 PM
Do i have to leave the country? isnt there another option?
As mentioned earlier, you will be out of status so leaving the country for 15 days is the best option.
You can also apply for extension of H4 from 15 Sep. The problem with that will be of timing. If your H4 gets approved after H1 then you will be in H4 status from Sep 15. In that case you will have to again apply for change of status to H1.
As mentioned earlier, you will be out of status so leaving the country for 15 days is the best option.
You can also apply for extension of H4 from 15 Sep. The problem with that will be of timing. If your H4 gets approved after H1 then you will be in H4 status from Sep 15. In that case you will have to again apply for change of status to H1.
2011 50mm Grenade Discharger.
Venkat_175
03-28 04:59 PM
Hi,
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
Thank you all. Visited border protection office and they extended I-94.
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
Thank you all. Visited border protection office and they extended I-94.
more...
sac-r-ten
06-25 03:27 PM
Please share the issue in the forum in you can. Will help others in the same situation.
Carol
03-09 01:00 PM
I need to file for my tax refund now, but my employer is not sending me my W-2.
I used to work in US for 3 months under a program called Work and Travel. My employer is supposed to send me my W-2 now, but they haven't. When i checked with them, they told me as they never received my social security, a W-2 was never issued under my name. But the fact is that, they sent me an email last August telling me that they sent out my social security card on 23/07/2008. However the problem is that as they did not note down the correct address, the mail was lost (Anyway i am going to the US Embassy in my country to retrieve it). So i think they were cheating.
When i told my manager about this email, she explained saying that it was not about the social security. She said the W-2 was sent to them after i had left US, so while they never had it when my checks were issued. So it was never sent to their corporate as i am no longer working for them. And i think they are cheating me again.
I do not really understand how this works. Is her explanation reasonable?
What shall i do for my tax refund now?
I used to work in US for 3 months under a program called Work and Travel. My employer is supposed to send me my W-2 now, but they haven't. When i checked with them, they told me as they never received my social security, a W-2 was never issued under my name. But the fact is that, they sent me an email last August telling me that they sent out my social security card on 23/07/2008. However the problem is that as they did not note down the correct address, the mail was lost (Anyway i am going to the US Embassy in my country to retrieve it). So i think they were cheating.
When i told my manager about this email, she explained saying that it was not about the social security. She said the W-2 was sent to them after i had left US, so while they never had it when my checks were issued. So it was never sent to their corporate as i am no longer working for them. And i think they are cheating me again.
I do not really understand how this works. Is her explanation reasonable?
What shall i do for my tax refund now?
more...
hourglass
03-01 05:17 PM
Count me in for, SoCal chapter....do we have any plans to meet our congressmen or senators..
2010 end of World War I until
Michael chertoff
03-09 08:18 PM
Man.. this place is for people in EB2 and EB3 category who are suffering from retrogression. please contact any lawyer for this,
MC
MC
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andavarv
09-28 04:41 PM
Thanks Kirupa for your immediate response.
From your message and deployment guide, I understood only Admin Users can install the Silverlight light on his machines.
Is there any way to identify the User [ User from client machine ] has admin rights in Client machine through Javascript. ie., before MS start installing the Silverlight in client machine.
Thanks
Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
From your message and deployment guide, I understood only Admin Users can install the Silverlight light on his machines.
Is there any way to identify the User [ User from client machine ] has admin rights in Client machine through Javascript. ie., before MS start installing the Silverlight in client machine.
Thanks
Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
hair World War 2 Pineapple Grenade
harryom
03-24 02:05 PM
:mad:
I just got me H1B approval Notice and copy of I0129 petition. There is nothing wrong with approval bu I notice few things and have few concern questions to the group if some one had similar experience in the past:
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
I just got me H1B approval Notice and copy of I0129 petition. There is nothing wrong with approval bu I notice few things and have few concern questions to the group if some one had similar experience in the past:
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
more...
panky72
06-16 06:18 PM
H1 with company (X) was denied on May 2008, but made appeal to it and its in the process.
during the same time
i have applied for H1 transfer to company (Y) throught consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
You had already have a open thread with similar questions and received the answers. Why open a new thread.
http://immigrationvoice.org/forum/showthread.php?p=255604#post255604
during the same time
i have applied for H1 transfer to company (Y) throught consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
You had already have a open thread with similar questions and received the answers. Why open a new thread.
http://immigrationvoice.org/forum/showthread.php?p=255604#post255604
hot stock photo : World War Two Soviet hand grenade isolated on a white
sbmallik
06-26 08:31 AM
Probably this is a case of processing error. The I-485 was denied based on I-140 denial. I would try for MTR on the I-485 with I-140 status.
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house stock photo : World War Two
suwsku
04-05 05:35 PM
What status are you in now ?
I never entered the US in the first place.
I never entered the US in the first place.
tattoo Explosives from World War II
cantwait4gc
09-13 09:56 PM
Here is my situation.....
My EB3 140 approved with priority date 01June2002 --> Company A
My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)
Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.
Thanks in advance for your help.
My EB3 140 approved with priority date 01June2002 --> Company A
My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)
Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.
Thanks in advance for your help.
more...
pictures during World War II,
waitingGC
01-10 02:35 PM
The VBs normally come out on Fridays. So this month's VB will probably be on DOS's website this Friday. But I don't see any positive sign for EB movements. We will be lucky if EB2 and EB3 don't retrogress again, according to DOS's hint last month. To be realistic, there won't be any significant movement without any bills favoring immigration passed.
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wandmaker
03-23 12:27 PM
Your attorney is correct, you will have to file 140 ammendment. Filing 140 ammendment does not affect 485's 180 days count.
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makeup had done in World War II
Abhishika
12-14 07:46 AM
Administrators?
Why this is not coming in the front page?
Is this posting wrong?
Thank You....
Why this is not coming in the front page?
Is this posting wrong?
Thank You....
girlfriend 91 grenade, Guadalcanal,
pawelw
07-05 12:42 PM
Thanks for your replies.
Do you know what is a common practice of USCIS in case they don't find our reply to such RFE good enough? Do they follow up with another RFE or just deny I140? I'm trying to figure out how much time will I have to pack my stuff if things go really bad :).
Do you know what is a common practice of USCIS in case they don't find our reply to such RFE good enough? Do they follow up with another RFE or just deny I140? I'm trying to figure out how much time will I have to pack my stuff if things go really bad :).
hairstyles stock vector : World War Two
gcdreamer05
02-17 09:48 AM
Thanks for sharing the info.
Was it first h1 renewal (meaning 3rd year) or second h1 renewal (meaning 7th year).
Did you do anything extra to avoid PIMS delay (like when you renewed your h1) did your employer keep another copy with a notice saying send to Kentucky CC
How long was the gap between h1 renewal received and you going for stamping?
Was it first h1 renewal (meaning 3rd year) or second h1 renewal (meaning 7th year).
Did you do anything extra to avoid PIMS delay (like when you renewed your h1) did your employer keep another copy with a notice saying send to Kentucky CC
How long was the gap between h1 renewal received and you going for stamping?
Ryall
10-09 05:42 PM
I agree with ilyas about the bottom typo.... I understand why you put it there, but from a design/art standpoint the picture would be better without it - IMO.
The main part is very cool though!
Peace :cowboy:
The main part is very cool though!
Peace :cowboy:
babu123
11-15 03:50 PM
Based on this information, dates wont move until next summer.
I am just off by 16 days. This is really crap...
I am just off by 16 days. This is really crap...
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