Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
cancel
Showing results for 
Search instead for 
Did you mean: 
user8909064720
Level 1

My new visa status since Oct 1th only allows me 1 employer. Will I get penalized if my former client pays me after oct 1th?

 
1 Best answer

Accepted Solutions
pk
Level 12
Level 12

My new visa status since Oct 1th only allows me 1 employer. Will I get penalized if my former client pays me after oct 1th?

Irrespective  of when you get paid, what is to be considered  ( and restricted ) is when the work is done.  Thus if the work was completed before the adjustment of visa status, then the earning applies to that F-1 status.    The  H-1B work visa is limited to  and for the benefit of the sponsoring entity  -- you cannot leave that employer  and be compliant with the conditions of the visa.     I am assuming from your non-response as to when you entered the country  with F-1 and  that you were on an extension for OPT, that you must have already  outlived your  five calendar year exemption  for counting days present towards  substantial presence  --- so you probably are  going to be a Resident Alien for tax purposes during 2019 and therefore file a form 1040.  Note that TurboTax does not provide support for  1040-NR   ( they generally refer these to their partner SprinTax for such filing ).

 

Does this answer your question or you need more help ?

View solution in original post

4 Replies
pk
Level 12
Level 12

My new visa status since Oct 1th only allows me 1 employer. Will I get penalized if my former client pays me after oct 1th?

@user8909064720 , please which country are you from?  What visa were you on prior to Oct 1st. 2019 and what is the new visa?  When did you enter the USA -- i.e. to determine if you are a resident alien or not ?  What do you mean client -- are you self-employed ?  or did you mean you are in business of some sort?

user8909064720
Level 1

My new visa status since Oct 1th only allows me 1 employer. Will I get penalized if my former client pays me after oct 1th?

I'm Swedish and was on a OPT Stem extension prior to my new H1B visa. Meaning I'm a work authorized "alien". As a freelance graphic designer (while on OPT stem visa)  I had clients I did design jobs for. I'm currently full time employed and sponsored for my H1B by a different company than the client I had while on OPT. 

 

Clarifying my question: Will I get tax penalized if my former client that I worked for while on OPT visa pays me AFTER I rolled over on the H1B visa? 

pk
Level 12
Level 12

My new visa status since Oct 1th only allows me 1 employer. Will I get penalized if my former client pays me after oct 1th?

Irrespective  of when you get paid, what is to be considered  ( and restricted ) is when the work is done.  Thus if the work was completed before the adjustment of visa status, then the earning applies to that F-1 status.    The  H-1B work visa is limited to  and for the benefit of the sponsoring entity  -- you cannot leave that employer  and be compliant with the conditions of the visa.     I am assuming from your non-response as to when you entered the country  with F-1 and  that you were on an extension for OPT, that you must have already  outlived your  five calendar year exemption  for counting days present towards  substantial presence  --- so you probably are  going to be a Resident Alien for tax purposes during 2019 and therefore file a form 1040.  Note that TurboTax does not provide support for  1040-NR   ( they generally refer these to their partner SprinTax for such filing ).

 

Does this answer your question or you need more help ?

View solution in original post

user8909064720
Level 1

My new visa status since Oct 1th only allows me 1 employer. Will I get penalized if my former client pays me after oct 1th?

Yes, this helps a lot. My question got answered. Thank you! 

Dynamic AdsDynamic Ads
Privacy Settings
v