Whether tax filing records could cause a problem during the green card process
I’m reaching out because I’m concerned my tax filing record could cause a problem during my green card process.
I worked as a J1 intern in the U.S. for a year.
Afterward, for a year I attended a language institute on F1 status and worked, receiving cash wages, at the company where I had interned,
and since October 2023, I’ve changed status to E2 and am currently working at a different company with the goal of a green card.
At the company’s suggestion, I switched to F1 in exchange for a green card promise,
but it was concluded that the green card wouldn’t come through quickly, so I moved to a different company.
The previous company reached out and says they’ll issue me a 1099 for this tax filing season and have me file under my own name.
When I asked if they were aware of my situation, they said since 1099 is for outside contractors and doesn’t list an employment period, I should just file it together with the W-2 for my time working as a J1 through March of this year.
I’m not sure if this will affect me when I eventually obtain my green card.
Given this situation, could tax filing affect my green card? I’m worried this could cause a problem down the road. I’d appreciate your advice.
1. This isn’t allowed for the F-1 period. If this is calculated as an unauthorized employment period and exceeds 180 days when going through employment-based green card immigration, it’s not allowed.
2. For the J-1 period, it’s fine if it’s the same company.
3. For the E-2 period, it’s fine if you had work authorization.
But fundamentally, item 1 counts as unlawful days — please check exactly how many days that is.
If it exceeds 6 months, it becomes grounds for denial when filing for employment-based green card immigration.