Stupid_me2010-06-02 06:02:34
本人现状:
H-1b transfer in process (on H-1b 7+ years already,based on approved I-140 2 years ago, but haven't filed 485 yet, obviously no EAD)

错误:
In Feb,I was approached by a tech Web site to work as a freelance columnist to write some IT articles. $150/article, and one article/month.And the managing director just asked for SSN and said 1099 not W-2 would be sent and filed with IRS. As I had 1099-INT and 1099 forms from state (for state income tax returns), so I didn't even think about if I could do it with my H-1b status.

I did check with compliance department and my IT director, who approved. So I wrote 3 articles for March, April and May without even thinking twice.
And I was paid for March and April's articles already. And the main reason I accepted the work was not for money, rather, it's to get a chance to polish my technical writing skills and try to build some reputation in IT world.

At the end of May, I quit the job from that company and joined my current company with H-1b filed but pending approval. And HR is asking me to sign on a form to confirm I have not worked w/o authorization from USCIS. And all of sudden, I remembered the freelance articles I wrote and got paid for, so Id didn't want to lie or hide anything and sent an email to HR and mentioned about this freelance work.

And then I googled about H-1b and freelance and found out it's a big red flag!

I already sent an email to the managing editor of that tech web site to quit the freelance work. And I ask her to stop paying me for the May's article and offered to refund March and April's payment of $300 total, but haven't heard back from her yet.

跪乞:
Did anyone else have similar experience and could you tell me what's the worst scenario/consequences and how to rectify this other than refunding payer the money and ask them not to send a 1099 next year?

My new company is very strict and rigid about all the legal and compliance issues, and now I'm afraid they'll cancel my H-1b transfer and let me go, if that turns out to be a unforgivable mistake/violation and it's too late to rectify, and if that happens, all I can do is packing and leaving for China...

I just started with my new company today and finished the orientation and now I'm suffering ICE & FIRE.

Please help......

Evelyn272010-06-02 07:19:54
回复:犯了一个愚蠢的错误(did some freelance work on H-1b)
拖拉机手2010-06-02 15:00:16
回复:犯了一个愚蠢的错误(did some freelance work on H-1b)
iCall2010-06-02 17:13:42
Wikipedia says "freelance is somebody who is self-employed .."
猪头山2010-06-02 17:35:55
我的理解,如果是今年不用担心
iCall2010-06-02 20:56:14
老猪说得对, 俺在courthouse在申请过EIN, 当时只要 $26+DL
Stupid_me2010-06-03 03:43:19
回复:犯了一个愚蠢的错误(did some freelance work on H-1b)