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New Member
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Feb 15, 2007, 02:26 PM
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B1 visa but want to claim and return the tax
On year 2005, I came to USA as J1 work and travel program--so I got the SSN
Then on 2006, I came to USA as B1/B2 (tourist visa) and work in USA
And the problem is when I filled W-2 form (2006), I wrote EXEMPT on that form, and now they send me 1040NR-EZ and 1040NR form to fill and return to IRS (I really want to fill and send it back because I guess I can't put exempt on that W-2 form--am I correct?) however, now I fear that DHS will come to catch me to the jail or
Because on 2007, I will go to USA as J1 training again and I don't want to have any problem from this thing --what should I do?Should I fill the form and send it back both W-4 and 1040NR-EZ Help me
I really want to return the tax back to IRS but I also fear about my status because now I am in USA as J1 training, and I don't want DHS or police send me back home because I used to work with wrong visa
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Senior Tax Expert
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Feb 16, 2007, 10:47 AM
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While working on a B1/B2 visa is against the law, you will NOT go to jail. In my opinion, the US justice system has bigger fish to fry. Just do not make it a habit.
However, if you worked in 2006, there is probably a paper trail showing your income, so you need to file a non-resident tax return (probably Form 1040NR-EZ).
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New Member
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Feb 16, 2007, 11:20 AM
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Originally Posted by AtlantaTaxExpert
While working on a B1/B2 visa is against the law, you will NOT go to jail. IMHO, the US justice system has bigger fish to fry. Just do not make it a habit.
However, if you worked in 2006, there is probably a paper trail showing your income, so you need to file a non-resident tax return (probably Form 1040NR-EZ).
So basically, you suggest me to file the tax return on time rite? (actually I want to do like that also :>)
But I just fear that IRS will report me to other department (like Justice or DHS or etc.) and I can't stay in USA anymore
Because now I am holding J1 visa (training program), and I will be sent back to my country because I did like this
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Senior Tax Expert
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Feb 16, 2007, 11:29 AM
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The IRS, as a matter of law, does NOT share income tax information with the USCIS unless the USCIS asks about a specific individual's tax status.
However, you really have no choice but to file. The IRS knows you earned income in 2006 and expects a tax return to be filed.
Failure to do so is much more likely to get you in trouble than the minor work violation of your B1/B2 visa.
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New Member
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Feb 18, 2007, 11:48 AM
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Originally Posted by AtlantaTaxExpert
The IRS, as a matter of law, does NOT share income tax information with the USCIS unless the USCIS asks about a specific individual's tax status.
However, you really have no choice but to file. The IRS knows you earned income in 2006 and expects a tax return to be filed.
Failure to do so is much more likely to get you in trouble than the minor work violation of your B1/B2 visa.
I will file the form since I don't have any choice (but I want to file the form anyway :>)
Thx for yr advise;) , now I think I am sure that IRS won't share my info to other department since I am nobody :)
PS. I just fear that they going to send me back home since I am still holding J1 training visa till September 2008--wat do you think?
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Senior Tax Expert
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Feb 18, 2007, 06:00 PM
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I sincerely doubt that they will revoke the J-1 visa for working during a B-1 visa visit.
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New Member
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Mar 2, 2007, 11:40 AM
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Originally Posted by AtlantaTaxExpert
I sincerely doubt that they will revoke the J-1 visa for working during a B-1 visa visit.
But now I am at USA as J1 trainee visa already! So do you think if I file this form, does the immigration going to come to investigate me?
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Senior Tax Expert
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Mar 4, 2007, 11:22 AM
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You MAY get a letter from Immigration, but I sincerely doubt it.
You WILL get contacted by the IRS if you do not file; THAT, you can count on.
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