Legal Question in Immigration Law in New York

h1 visa and two W2s

Dear John Carney,

I am Physical Therapist by profession. I came in USA April 2008 and worked mainly for company A..during my job I got a offer from another company B. They offered me Saturdays job and promised me that they will arrange additional H1b visa for me just to work on Saturdays. I started working with them, worked for about 4 Saturdays and than i was not comfortable working with them so I left that job and h1b visa never filed. Now I got two W2s with me (one from company A where i worked full time whole year, and one from company B where i worked only 4 days and earned about $1000) and I have H1b visa. I do know H1b holders are not suppose to work outside their sponsored company but it was my wrong decision with wrong people. How do I file taxes?


Asked on 3/03/09, 11:40 pm

1 Answer from Attorneys
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: h1 visa and two W2s

You must file your taxes with both W-2s. Regardless of your immigration status, your obligation to file correct taxes is unchanged. The IRS itself is not concerned with your immigration status -- they're happy to get their returns filed. And the IRS doesn't share information with USCIS, so by filing taxes, no one will be the wiser about your working outside of your H-1B company. Of course, working without authorization for that second company can affect your immigration situation in the future (for example, if you wanted to get a green card) but for now, filing your taxes shouldn't cause you any trouble.

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Answered on 3/04/09, 8:02 am


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