[Chirag918]

Hi Tax Expert,
I came to US on H1 in 2003 Sept, and was on bench till 2004 Mar. Employer did not pay for me and did not send me W2. I did not file tax returns either. In 2004 joined another company and started employment and have filed Tax returns for 2004 & 2005 proptly. Would it cause any problems if I do not have W2 for 2003? Will I be able to get Visa stamped again without 2003 W2? Do I have to get in touch with IRS about this ? Please guide me.

Thanks
Chirag

[AtlantaTaxExpert]

So you came to the U.S. and sat around and did nothing with no pay for over six months?

How did you support yourself?

[Chirag918]

Yes and No. Actually did work for some friends company and got paid a small amount in cash. Did not know much about the H1 rules & regulations and about tax that time. Now I know that it is not right to work like that. What is the right thing to do now? Even if have to pay penalty etc?

[AtlantaTaxExpert]

I would NOT file a tax return for 2003 and hope the matter does not come up when you get the visa stamped.

If, however, you are determined to file, you could claim the cash paid as self-employment income by filing a Form 1040 with a Schedule C and Schedule SE.