Working like an illegal before your EAD arrives

[Alex+R 0]

I'm wondering why more people don't choose to work "illegally".

I know. Me too! So even if you're not getting taxes taken out of your paycheck, since you can't prove you wouldn't pay them later, it's not really illegal? This is quite interesting...

[payxibka 10,045]

I'm wondering why more people don't choose to work "illegally".

I am sure a lot more would if given an opportunity. The tax reporting system has gotten fairly robust over the years with many "checks and balances" and this is not only on corporations and employers but on individuals as well. Their are fairly stiff penalties for non-compliance if caught. So their is this "fear factor" that the IRS relies on in order to gain "voluntary" compliance.

I'm wondering why more people don't choose to work "illegally".

I know. Me too! So even if you're not getting taxes taken out of your paycheck, since you can't prove you wouldn't pay them later, it's not really illegal? This is quite interesting...

Just for that moment in time. Come April 15th then another story.

[payxibka 10,045]

Because it says on the SS website that you don't need EA documents if you are on a K-1.

This would be true because a K-1 is in fact EA.

Edited December 19, 2006 by fwaguy

[no name 1]

http://www.visajourney.com/forums/index.ph...mp;#entry616152

I'm waiting to see Yodrak/someone else appear & dispute what you said fwaguy.

[Jenn! 918]

http://www.visajourney.com/forums/index.ph...mp;#entry616152

I'm waiting to see Yodrak/someone else appear & dispute what you said fwaguy.

I don't think he's said anything that would contradict anything in that other thread. Can you point out to what you're referring exactly?

[payxibka 10,045]

http://www.visajourney.com/forums/index.ph...mp;#entry616152

I'm waiting to see Yodrak/someone else appear & dispute what you said fwaguy.

What have I said wrong? Please share....

[Reynaldo 0]

http://www.visajourney.com/forums/index.ph...mp;#entry616152

I'm waiting to see Yodrak/someone else appear & dispute what you said fwaguy.

What have I said wrong? Please share....

You haven't...

[no name 1]

I need to expand and clarify my post.

A K1 visa is adequate evidence of EA for SSA purposes, to issue a SS card. But by the law requiring employers to verify the employability of their imployees, as implemented with I-9, a K1 visa is not acceptable evidence of EA for employment purposes. I-9 lists specific documents that are acceptable as verification of EA and a K1 visa is not on the list.

Yodrak

[Jenn! 918]

I need to expand and clarify my post.

A K1 visa is adequate evidence of EA for SSA purposes, to issue a SS card. But by the law requiring employers to verify the employability of their imployees, as implemented with I-9, a K1 visa is not acceptable evidence of EA for employment purposes. I-9 lists specific documents that are acceptable as verification of EA and a K1 visa is not on the list.

Yodrak

fwaguy has only put forth that it is the employer rather than the employee who would be liable for failure to complete an I-9.

[Alex+R 0]

I need to expand and clarify my post.

A K1 visa is adequate evidence of EA for SSA purposes, to issue a SS card. But by the law requiring employers to verify the employability of their imployees, as implemented with I-9, a K1 visa is not acceptable evidence of EA for employment purposes. I-9 lists specific documents that are acceptable as verification of EA and a K1 visa is not on the list.

Yodrak

That's why it's not practical or likely for a K1 holder without an EAD to get a standard job at a place with an HR dept. But that was what inspired my OPost. But if you work somewhere that doesn't check for awhile, there is no way to prove that on April 15 you don't plan to claim your earnings.

[payxibka 10,045]

I need to expand and clarify my post.

A K1 visa is adequate evidence of EA for SSA purposes, to issue a SS card. But by the law requiring employers to verify the employability of their imployees, as implemented with I-9, a K1 visa is not acceptable evidence of EA for employment purposes. I-9 lists specific documents that are acceptable as verification of EA and a K1 visa is not on the list.

Yodrak

I take no exception to that statement nor did I put forth anything to contradict...

Edited December 19, 2006 by fwaguy

[Yodrak 7]

Moonie,

And the spouse of a US citizen won't be denied adjustment for having worked without employment authorization.

Yodrak

If you work without a work permit you are breaking the law.

True, but the OP is referring to a K-1 which IS employment authorized for 90 days

[Yodrak 7]

jenn,

Depends - are you going to report your 'under the table' income to the IRS? If you do not, you will be doing a lot wrong.

Al Capone didn't go to jail for killing all his competitors, he went to jail for income tax evasion.

Yodrak

Back to your OP, I changed my mind. I think the employee would be in trouble since there was no I-9.

This is a good question!

Employer

So you're saying that I could go get a job where I was paid under the table. And I wouldn't be doing anything wrong as long as I wasn't caught?

[Yodrak 7]

Alex+R,

I think you mean work as an independent contractor, not consultant (many consultants are employees), in which case one is both employer and employee?

Good question.

Yodrak

Hm. What if you work as a consultant, and claim the income in your taxes later?

[kitkat1 5]

Some companies hire independent contractors and don't require proof of eligibility to work or even ask for a SSN (that's their mistake, right?) The contractor is resonsible to pay their taxes - sometimes that means making estimated quarterly tax payments otherwise they'll be hit with a penalty - and the employer is required to provide a 1099 by the end of January for the upcoming April 15 payment. I guess they could even file with an ITTN rather than a SSN.

Since 1099s don't provide detail on the time period the work was done, technically I suppose someone who entered on a K1 could work as a contractor without having an EAD in hand and no one would be the wiser. . . .