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Friend in potential trouble with INS ... please help "X"!!

Friend in potential trouble with INS ... please help "X"!!

Old Feb 1st 2001, 9:14 am
  #1  
Ed MacNeil
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Posts: n/a
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Hi,

THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!

Inserting a comment or two!

Gaijin wrote:

> Well, it's like this. My friend, let's call him "X" came to the US on a visitor's visa.
> While here, a potential employer offered to hire him, and apply for the H1 visa for him.
>
> However, before the H1 was approved, the employer asked "X" to start working for them.
> He worked for several months before his H1 is approved, and "X" is "authorized" to work
> legally now.

Actually, he went out of status on the first day he accepted unauthorized employment.
Therefore, if INS learns of the unauthorized employment, the H-1 will become void.

I agree that there is probably little or no communication between INS and IRS.

If your friend can arrange to have an immigrant petition filed in his behalf before the
end of April he may be able to benefit from the provisions of section 245(i).

Ed MacNeil Ancient Aviator North Hampton, NH, USA

>
>
> Now, his employer wants him to fill some tax returns for the money he earned before his
> H1 was approved. He fears that by doing so, he may put himself in jeopardy, that INS
> will find out.
>
> Does the IRS report to INS about cases like these?
>
> How does INS treat cases like these: the person is "in status" now, but has worked
> illegally for a few months before that?? Do you think his is one case that the recently
> passed 245(i) will be able to help?
>
> Does anyone here have any good advice for "X"? Thank you all on behalf of "X".
>
> Thank you kindly.
> --------
> Dan C, Ms.
>
> "A little goes a long way ...
>
> Meaning, " A little help from you ... Will go a long way to helping me understand.
> Thanks, everyone."
 
Old Feb 1st 2001, 9:21 am
  #2  
Gaijin
Guest
 
Posts: n/a
Default

Well, it's like this. My friend, let's call him "X" came to the US on a visitor's visa.
While here, a potential employer offered to hire him, and apply for the H1 visa for him.

However, before the H1 was approved, the employer asked "X" to start working for them. He
worked for several months before his H1 is approved, and "X" is "authorized" to work
legally now.

Now, his employer wants him to fill some tax returns for the money he earned before his
H1 was approved. He fears that by doing so, he may put himself in jeopardy, that INS
will find out.

Does the IRS report to INS about cases like these?

How does INS treat cases like these: the person is "in status" now, but has worked
illegally for a few months before that?? Do you think his is one case that the recently
passed 245(i) will be able to help?

Does anyone here have any good advice for "X"? Thank you all on behalf of "X".

Thank you kindly.
--------
Dan C, Ms.

"A little goes a long way ...

Meaning, " A little help from you ... Will go a long way to helping me understand. Thanks,
everyone."
 

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