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What will happen if you provide your SSN for employment while on visa over stay in the I-9 form?
To answer your immediate concern, no, neither IRS nor the SSA will report your friend to immigration service. Both agencies get billions of dollars every year as taxes from unauthorized workers, and they don't have the knowledge of who's authorized or who is making an honest mistake (people misstype their SSNs all the time). On top of it, many if not the majority of immigrants do not inform SSA when their immigration status changes to that of a permanent resident or citizen (or any other status that allows employment), so these agencies truly would not know much beyond whether someone spelled their name/SSN correctly.Now let's address your friend's status. First of all, misrepresentation on the I-9. Had she checked the 'US citizen' box, she would most likely be totally screwed (i.e. permanent inadmissibility to the US without the possibility of a waiver, even if she marries a US citizen), but if she claimed to be a permanent resident, it would be much harder for the USCIS to ban her just for that. However, it is much safer for someone working without authorization to work as a contractor, not an employee. W-9 does not require you to disclose your immigration status, and this way both the contractor and the employer are safe. I know people who have worked for years as contractors without authorization, and have been able to get permanent residence (but only through marriage to a citizen).Second, there is an important distinction in the immigration code that your friend needs to understand, which may save her behind, after all. While her employment is unauthorized and she is out of status, it does not necessarily mean she is illegally present - yet. And there is a world of difference between being out of status and being illegally present. Once she is illegally present for 180 days, the 3 year admissibility bar kicks in, and she will be unable to legalize her status (unless, again, it's a marriage to USC). The date she needs to look at comes either from her work visa approval or the stamp she got when she last entered the country, whichever happened later. If that date has not passed or passed less than 180 days ago, she can still get a new work visa, but she will have to leave the country and come back (most likely will have to go to the consulate). It is called date on I-94, and she should definitely talk to an immigration lawyer about it.Third, yes, she needs to file her taxes. Being employed unauthorized does not mean you don't have to file a return. In fact, the IRS treats unauthorized workers the same way it treats legal immigrants - in the eyes of IRS they are all 'resident aliens'. In fact, not filing a return may present problems later if she ever gets to apply for citizenship.P.S. If you thought the US immigration system is punitive, then you need to know that your friend is one the few lucky ones who get to come to the US legally, a privilege not offered to the vast majority of would be immigrants. In other words, others have it worse.
Can we convert an H4 visa to an F1 visa?
In general, it is possible to change status from H-4 to F-1 provided that you have the appropriate (I-20) documentation from the school you intend to attend.Note that H-4 is a dual intent visa, but F-1 is not, as a result, you may be denied the change of status if USCIS concludes that you have immigrant intent.Note also that change of status only applies while you are in the United States. If you are not in the United States and have a currently valid H-4 visa, but wish to obtain an F-1 visa, you must simply apply for an (entirely new) F-1 visa. While you can reuse some of the documentary evidence you collected for the H-4 visa for the F-1 application, it will be a new application.
How do you change a B1/B2 visa to an F1 visa?
You can change your status. In order to do that, You need to submit an application to the U.S. Citizenship and Immigration Services (USCIS) for a change of status. This option allows you to change your nonimmigrant status while remaining in the U.S. With this, you may gain a new status but you will not receive a new visa, visas are only issued outside the U.S.To change your status, you will need the following:Your I-94 card which lists you departures and arrival dates, along with the expiration date for your stayApply to an academic course of study at a college/university, once accepted, the school will issue an I-20 formUse the SEVIS ID number located on the top right corner of I-20, to fill out you SEVIS I-901 form and pay the required fee.Write a letter explaining why you want to change your status from B1 to F1.Fill out a form I-539 to change your nonimmigrant status from B1 to F1. Pay the filing fee.
How do I file change of Status within USA from H4 to F1?
Here’s your answer: Here are the things you will need.First of all an acceptance from an accredited school, a copy of the acceptance letter and a copy of a signed I-20 stating your department and your duration of status as a student. You will need to inform the school of your intention to change status from H1B to F1. Sign the Student Attestation section.And since you will be changing status, you will need to fill out an I-539 form (instructions here) and take out your check book for a hefty $370 filing fee, made payable to U.S. Department of Homeland Security. There may also be an additional $85 for biometrics. USCIS will reach out to you as to when and where you should show up for giving up your fingerprints, retina scan, hair sample, blood and perhaps one of your kidneys. And do you really need two lungs??And in the spirit of keeping up with expenses, write out another check for your I-901 SEVIS Fee. See here for payment. Send the copy of the receipt.And as if it was not already clear from your ability to drop a couple of hundreds, at the drop of USCIS hat, you will also need to produce finance support documents making them believe that you will be sufficiently loaded throughout the duration of your study.You need to submit a copy of your I-94 (you can print out an electronic copy).Photocopies of all your I-797 (Approval Notices), current and previous. Your I-797 will reflect the period since when you have been legal to work.Photocopies of your Passport, including your H1B visa page. Keep a copy of your expired passport, if any. Comes in handy if the dates in any of your forms are relevant to the validity period of your previous passport.While you are at it, send in copies of all immigration documents you’ve had – EAD, etc.Write a letter explaining your change of heart. Why school? Why now?Pay stubs from your current job and a letter verifying your employment from your current employer.A letter of support from your would-be adviser at your would-be school, helps.And finally, get all your documents (I-94 et al) prepared for your dependents, if any.Once all your paperwork is ready and copies are shelved in your folder for your bookkeeping, you should send in your documents (Read for address):[For US Postal Services – Express or Slow Coach]USCISP.O. Box 660166Dallas, TX 75266And[For Courier]USCISATTN: I-5392501 S. State Highway 121 BusinessSuite 400Lewisville, TX 75067Reference: H1B to F1 US Visa: Change of status and processing time | MBA Crystal Ball
How can I fill out a W-4 and taxes if my spouse has an expired visa (undocumented)?
First of all, someone’s visa being expired does not mean they are undocumented. US visas are solely for entry, the visa’s expiration date is the last day one can use that visa to enter the US, it has nothing to do with how long one can stay in the US. One can enter the US on the day the visa expires, and be admitted for months or years afterwards.Second, you fill out your W-4 withholding form based on your marital status and tax situation. Your spouse’s immigration status is not relevant to any part of the W-4 form. And generally, the tax laws apply the same way to people residing in the US, regardless of whether they are documented or undocumented. You and your spouse’s tax returns would be computed and filed the same way regardless of whether you and your spouse are documented or undocumented.
How H1B transfered while extension is in-progress and I-94 expired?
It is something of a gamble. If your extension is approved, the date of the extension will relate back to the expiration of the prior I-94. However, if the extension is denied your period of stay in the country going back to the I-94 expiration date will count as unlawful presence.That being said, only a fool would rely on legal advice from some random guy online.
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