IRS and Visa Status

[visastatus2010 0]

I came to USA on H1B on Dec, 2007 on a visa from an ABC company. But on my arrival, I joined an XYZ company instead to work as an independent consultant until Feb, 09 and they gave me a tax form showing earnings of 68,000$ during that period (Dec 07 to Feb 09). That form does not state any taxes paid on my behalf. Since then, I have not had any job and I went to my country back for about 5 months and then came back to USA in Sept 09. Until today, I could not find a job and never applied for any unemployment benefits. I have never filed for any taxes and last month I recieved a letter from IRS to tell them whether I think I should file taxes or if I did, give them the appropriate info. I have a valid SSN and a Driving License. Since I lost my job back in Feb 09, I've survived by doing freelance work for very few individuals here in USA and abroad but that was not even bare minimum i.e. less than 300$ per month, hardly enough for my food or sharing a room (without any lease or rental agreements). My credit score is in the range of 450-500 as I could not pay my car payments, credit card payments and cell phone bills. My H1b is going to expire within next 3 months i.e. Oct, 2010 and I could not find no other employer to help me extend my visa. What should I do? I'm based in State of Florida.

[JimVaPhuong 4,863]

An H-1B requires a sponsoring employer. While you can certainly leave that job and go to work for another employer, your new employer has to file for a new H-1B. An H-1B visa is not for freelance contractors. It sounds like you have been in violation of your H-1B ever since you arrived in the US. Further, you are in violation of IRS regulations for not filing a tax return on the income you received as a contractor.

When you failed to begin employment with your sponsoring employer (within 30 or 60 days, depending on the rules that applied to you) then your H-1B became invalid. It sounds like your sponsoring employer did not comply with Department of Labor regulations and report your failure to begin employment. If he had, you probably would never have been able to reenter the United States.

I'm not sure what kind of advice you're looking for. You are currently in violation of the terms of your visa, you have not maintained your legal non-immigrant status in the United States, and you are not eligible to adjust status. You have no basis to remain in the United States. If you are caught by immigration authorities then you will likely be deported.

I think you should pack your bags and go home.

[Brother Hesekiel 2,236]

Let me guess: the tax form you received was a 1099?