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    taxtaxtax's Avatar
    taxtaxtax Posts: 4, Reputation: 1
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    #1

    Feb 15, 2007, 02:26 PM
    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
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Feb 16, 2007, 10:47 AM
    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).
    taxtaxtax's Avatar
    taxtaxtax Posts: 4, Reputation: 1
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    #3

    Feb 16, 2007, 11:20 AM
    Quote 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
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Feb 16, 2007, 11:29 AM
    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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    taxtaxtax Posts: 4, Reputation: 1
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    #5

    Feb 18, 2007, 11:48 AM
    Quote 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?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Feb 18, 2007, 06:00 PM
    I sincerely doubt that they will revoke the J-1 visa for working during a B-1 visa visit.
    taxtaxtax's Avatar
    taxtaxtax Posts: 4, Reputation: 1
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    #7

    Mar 2, 2007, 11:40 AM
    Quote 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?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #8

    Mar 4, 2007, 11:22 AM
    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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