Legal Question in Immigration Law in California

F1 with ilegal working and bad tax record.

hi

i didnt realize i need to file tax after 183 days in us. i have been here for seven years and never filed tax. the things that worry me the most are:

1) i worked in school for three years and the school told me since there is tax treaty between my country and US, i dont need to pay tax. so eventho i got all the checks from school, non of them has tax withholding and i never filed tax myself.

2) my ex used to do business on ebay. he used my paypal account, which withdraw money into my bank account. since the stuff he sells are expensive the cash flow sometimes invovles 10k or more at a time. i had all the cash in and out.

3) i worked for two months off campus and told my employer im not supposed to be working there. so they paid me regular checks instead of accounting checks. there was no tax withholding, but the checks were under my name. today i received a form 1099, they are reporting my income as ''nonemployment compensation'' and they have my ssn.

im on my opt now, working and been payin tax for a month. i will file for h1b in april. would that affect my work visa? how about green card in the furture? meantime, what should i do about the form 1099 i received?

thanks!


Asked on 2/17/05, 11:30 am

2 Answers from Attorneys
Peter De Bruyn Law Offices Of Peter De Bruyn

Re: F1 with ilegal working and bad tax record.

If you came to the US on a student visa, you are prohibited from working. Additionally, working in the US without authorization and without paying taxes,triggers moral issues. You can only receive an H1B visa outside the US.

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Answered on 2/18/05, 5:59 am
Baoqin Wang Law Office of Baoqin Wang

Re: F1 with ilegal working and bad tax record.

You need to hire an accountant to file tax return for you, including filing tax returns for previous years.

If you worked in the US without authorization, then when you apply for greencard, it may cause complications. Depending on how long you worked illegally and based on what category you are applying for greencard, the consequences may vary. You cannot change to H1B status in the US, instead you have to go out of US to apply for the visa.

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Answered on 2/17/05, 1:34 pm


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