watersej

Hello,
I am the wife of a US citizen and have been the holder of a permanent resident card (2 year one) since July 01 08. During the application period there was a time (jan 27 - may 15) when my employment authorization (from my OPT year) ended before I received employment authorization that was sent out alongside the I-485 package (I-130 I think).

Because of the amount of work at this time, my employer didn't want to let me go for the period of time when I was not authorized to work, and didn't pay me during this time, but contrary to my protests she had me continue to fill in my time sheets on quickbooks. (I have always paid as a freelancer, but she used us as employees -35+ hours a week, mon thru fri- so I will use that as my label since it is relevant to my question). Once I was authorized, she paid me back in lump sum 'bonuses' and then I worked as normal.

Having had answers on this forum in the past, I understand that as the spouse of a USC I am forgiven for having worked during this period. However, myself and 2 other 'employees' have been laid off. My former co-workers are going to file unemployment under the NYC employment law which says if you are a freelancer who works full time for one employer for 2 quarters plus you are entitled to file. Because my former boss hasn't paid the correct employment taxes she is more than likely going to be audited and I wondered whether the discovery of my working during this unauthorized period will have any impact on my current status? Also, does anyone know what impact this will have on my former employer?

Thank you in advance for any advice.
Emma

ian-mstm

No, it will have no impact at all on you.


The employer may be fined... but that's about it. Anything that happens to the employer as a result of this, is the employer's fault. You acted responsibly... they fixed the books!

Ian

watersej

Thanks Ian.