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Asker
Posted over 1 year ago.

I filed and payed all my taxes.

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Asker
Posted over 1 year ago.

I understand what you mean now, but this is the way I obtained my green card and they may revise it, and it will come up I was self employed, but it was approved for a part time job, and I got 1099.I don't know If this is a issue.

Ian Edmund Scott
Ian Edmund Scott, Immigration Attorney - New York, NY
Posted over 1 year ago.

Are you an employee??? If so, ask the company to issue a W-2. The company can run into problems if they do not classify you properly

Arsen V. Baziyants
Arsen V. Baziyants, Immigration Attorney - Henderson, NV
Posted over 1 year ago.

I don't believe you'd be misleading the USCIS by putting down, in the section of your employment for the last 5 years, the name and address of the company that has been issuing you the 1099 forms these past years. If you have been performing the stated duties for the stated wage for the stated company, you've acted in good faith. Technically, your employer may not be in compliance with what they told the Department of Labor and then the USCIS, and yet, I agree with Attorney Ian Edmund Scott that the company should rectify their problem in this regard by perhaps starting to issue you forms W-2 going forward. However, I don't see how you're in trouble and I especially don't believe that this issue is going to surface at your naturalization interview.

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Asker
Posted over 1 year ago.

Thank you. I don't work for this company anymore. I worked for them 6 month after my green card was issued and they fired me. But the years I worked with them before and after the green card they gave me the 1099 , and to other colleagues also and they got their green cards.

Arsen V. Baziyants
Arsen V. Baziyants, Immigration Attorney - Henderson, NV
Posted over 1 year ago.

Oh, I see. So for 6 months immediately following your receipt of the green card you have been their "employee" on the payroll? Then I don't see a problem at all!

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Asker
Posted over 1 year ago.

Thank you for your response. I feel better now. I worked for them 2 years before the green card getting a 1099 then I got my green card on 2008 and worked for them 6 more month as I told you before always with a 1099. If you see other responses, other lawyers do think it's a problem.

Arsen V. Baziyants
Arsen V. Baziyants, Immigration Attorney - Henderson, NV
Posted over 1 year ago.

Before your green card was approved, did you have to show proof that you were working for the company? If so, what did you present, if not the 1099?

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Asker
Posted over 1 year ago.

I don't know how the lawyer handle it. He doesn't answers my calls.