I am F-1 student and I mistakenly worked for week in January outside my school. I am still taking classes this semester, so I believe this means that the Office of International Students does not know about my work and will not know except I inform them. I plan to pursue a PhD in one-and-a-half years and will need to apply for another visa. Will immigration officials know I worked illegally? Will I be subject to the 3-year penalty (when I apply for a new visa) if I continue to stay here after the one week of illegal work? Will you advise that I go home and try to get a new visa this summer, since that will be within the 5 months period I am allowed to remain after being out of status?

It all depends but very unlikely. How were you paid, cash - off the record, how? How long have you been on
F-1?

I gave them my SSN and and received a direct deposit in my bank account. What should I do next? Go home and try to reenter? Wait and hope it never comes up? Tackle it when I apply for visa for my PhD? I am confused.

Don't file for tax. In any application asking you if you have worked in the US just tick no. DHS will never know if you worked unless you are caught in the act. *

Thank you dell_net. I already filed for taxes but I did not file for that job. Someone said that when the company files for its taxes, i will be caught. I will follow your advice and not mention it anywhere.

Taxes on you is reported through your SSN.

The burden is on the company if they hired you illegal. In their audit to IRS they will report they paid you such amount of money not necessarily saying as employment income. Uncle Sam does not really care about your status as long as you pay tax. On the other hand DHS, if the company should get busted for hiring someone illegal and DHS happens to go through the employment history record and find your name which the probability of this happen is 0.000% unless the DHS officer has no rank then again nothing should happen to you. Even if your name is found I don't think anything will happen to you. Unless the company did something serious and with this I think they will punish the company not you so I don't think anything will happen to you. Like I said so long you are not caught in the act I don't think anything will happen to you.

Awww, if only Nigerians had even 1/20th conscience as this young gentleman

Busy_body:


Awww, if only Nigerians had even 1/20th conscience as this young gentleman

and what would happen?

dell_net:

and what would happen?

If I have to spell it out . . .


. . . wait. . . hang on. . . is it something in the water . . .


. . . Phew God give me strength . . .

Thank you dell_net.

dell_net:

The burden is on the company if they hired you illegal. In their audit to IRS they will report they paid you such amount of money not necessarily saying as employment income. Uncle Sam does not really care about your status as long as you pay tax. On the other hand DHS, if the company should get busted for hiring someone illegal and DHS happens to go through the employment history record and find your name which the probability of this happen is 0.000% unless the DHS officer has no rank then again nothing should happen to you. Even if your name is found I don't think anything will happen to you. Unless the company did something serious and with this I think they will punish the company not you so I don't think anything will happen to you. Like I said so long you are not caught in the act I don't think anything will happen to you.

that is the key! no company will report it because you are not legally allowed to work but they hired you

Did you fill form I-9 before being hired?

beejaei you are most definitely welcome. Another thing I forgot to input is those around you especially your female friend(s). I was once threatened by my girlfriend that she will call immigration on me coz I was keeping illegal immigrants in my house according to her. If someone tells on you it is a problem. If you have any such friends just make sure they know nothing about you especially short time friends or on call friends, you know what I mean?


@busy_body you mean fish?

Oooh ok. I already told one white girl who is my friend. But i toold her i handled it. I do not expect that she knows enough to be of any problem. Plus I think she is a good person. At the risk of belaboring the point, I want to make sure about this: you are saying not only is it not a problem now, it will not come up when i need a new visa? Right?

@anfanio

No i do not remember personally filling any government form. I gave them my SSN so they may have filled the details themselves.

@beejaei It will not come up when you need a visa unless you have been found guilty of it. This is america. So imagine the process they will go to convict you of such act.

It's not a serious issue but never say never, it's nice you are being proactive about it. Try and remember or find out if you signed form I-9. If you did, then the company that hired you has no responsibility in this matter, but I think you must have signed something to get a direct deposit.

dell net,
Wrong, you don't need to be convicted, you just need to be denied visa.

whats the evidence that I have worked?

Once tax is paid (deducted from your income) by your employer it must be reported to IRS.

do you think IRS will report to DHS?

No, IRS will NEVER report to DHS, but DHS can check. 50/50 chance.

they only check if there is a problem.

If there is/are reason(s) to check and sometimes randomly.

@beejaei-did you mention you are a US Ciziten, PR, or authorized to work? I think you have to show 2 forms of ID which is sscard and state id or another federal id (passport, pr card etc).

anfanio- I hope the company does not do anything stupid to warrant a search on employment record as I mentioned earlier but I am optimistic nothing is going to happen. It usually does not happen.

The company has nothing to do in this matter, beejaei has F-1 visa (from statements above) and SSN, with that and his ID he can work, but is he authorized? I strongly believe he'll be fine, I'm just suggesting caution from now on. Also visa renewal or extension berore the end of the year will be better in my opinion.

well lets not make him pee in his pants for now. SWIM worked 1 month or so on 2year F-1 visa went home got a new visa. SWIM graduated went back home after NYSC etc swim went back for masters. I think he should be fine.

When was that. Immigration laws are changing you know.

2000 - date

Things have changed a lot between then and now, immigration cases are generally case by case basis.

If INS wants to be an asshole they can come after you because of that. You should not have risked it
That been said INS and DHS (Because of money laundering act of 2001) now work hand in hand. I know since I am a staff member.
But relax did you make up to $10,000  ( You probably didn't) so it might not raise an eye brow.
Any way the best advise is to make sure you don't make up to $10,000 this calendar year, so as not to raise any eye brows.
Apply for your visa before the end of calendar year so that the info will not be seen by the time your visa is issued and keep your nose clean.
Take care and Good Luck