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newmac
04-02-2011, 11:26 PM
1) I am on a F1 Visa and did OPT for 1 year. (Was permitted to work legally for 1 year)

2) Now my 1 year work permit has expired

3) The only information I provided my boss with was my SSN (No other form of documentation was submitted to him)

4) He recently mailed me a completed 1099 Misc form with the total amount of money paid to me. Also on this form the "Federal income tax withheld", "Medical and health care payments", "State tax withheld" and some other fields were empty

5) I want to continue working for this company as they give me the option to work from home plus this job helps with my college tuition expenses.

Now my question is:

If I continue working for this company (without a work permit) is there a way for immigration to find this out?

***I was told by a friend that I am being paid off the books and being that I did not submit any formal documentation there is no record that I am/was working for this company. Is this true?

Please advise.

Thanks

snathan
04-03-2011, 12:20 AM
1) I am on a F1 Visa and did OPT for 1 year. (Was permitted to work legally for 1 year)

2) Now my 1 year work permit has expired

3) The only information I provided my boss with was my SSN (No other form of documentation was submitted to him)

4) He recently mailed me a completed 1099 Misc form with the total amount of money paid to me. Also on this form the "Federal income tax withheld", "Medical and health care payments", "State tax withheld" and some other fields were empty

5) I want to continue working for this company as they give me the option to work from home plus this job helps with my college tuition expenses.

Now my question is:

If I continue working for this company (without a work permit) is there a way for immigration to find this out?

***I was told by a friend that I am being paid off the books and being that I did not submit any formal documentation there is no record that I am/was working for this company. Is this true?

Please advise.

Thanks

What you are doing is plain illegal..and you land up in trouble later.

GCHope2011
04-03-2011, 06:41 AM
1) I am on a F1 Visa and did OPT for 1 year. (Was permitted to work legally for 1 year)

2) Now my 1 year work permit has expired

3) The only information I provided my boss with was my SSN (No other form of documentation was submitted to him)

4) He recently mailed me a completed 1099 Misc form with the total amount of money paid to me. Also on this form the "Federal income tax withheld", "Medical and health care payments", "State tax withheld" and some other fields were empty

5) I want to continue working for this company as they give me the option to work from home plus this job helps with my college tuition expenses.

Now my question is:

If I continue working for this company (without a work permit) is there a way for immigration to find this out?

***I was told by a friend that I am being paid off the books and being that I did not submit any formal documentation there is no record that I am/was working for this company. Is this true?

Please advise.

Thanks
First and foremost, working without valid work permit is illegal.

Second, since you were issued 1099 Misc - there is a formal record with your employer that you were working with them as an Independent Contractor - so that claim that you were being paid off the books is not true.

Finally, you did have a valid work permit, during the time that you had a valid OPT. So 1099 being issued for payments made for that work has no implication on you continuing to work any further. Federal and State Tax withholding amounts in the 1099 form does not mean anything in your context - if they have not been withheld, it is your responsibility to pay them anyways if your annual income exceeds certain threshold.