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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?

Forum|Forum|6 years ago
October 24, 2019
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Best answer by pk12_2

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 ).

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pk12_2

Employee

@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?

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user8909064720Author

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?

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pk12_2Answer

Employee

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 ?