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rupesh.d

H1B got 1099K

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Hello- One of my friend is on H1B & his current H1B visa & I-94 is valid till Jun 2022.
His employer is planning to start his PERM filling this month.
My friend's family is going through a bad time as he & his wife (H4 visa) got 1099-K this year for few used laptop & other house hold stuff sell on ebay/ paypal.
Stupid mistake they have done no doubt.

Their total transactions less than 60, but the gross sell around $50K, (may have some few hundred profit) however the Illinois residents started receiving 1099K  as (Illinois residents limit was 4 from this year.)

Here are my queries,
1) Did he violated H1B status as he has not crossed 200 transactions federal limit ?
2) Since his H1B Visa is valid till june 2022, can he travel without any issue at port of entry? Would you recommend travel to have him new I-94 to avoid the chances of having longer out of status period?
3) His employer planning to file PERM this month, hopefully file 1-140 next Jan 2022 & subsequently H1B extension, can you please let us know at which stage USCIS may Deny his H1B based on Tax return?
4) If he leave voluntarily before H1B gets deny, is there any good chances to getting any fresh H1B or L1 in future after few years ?
5) If he gets new H1B after few years, can he go for GC process again with new H1B status without any impact on his GC process or he will never get GC lifetime ?

Thanks in advance for your suggestion.

 

 

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$50K for laptop and household stuff??? That sounds really fishy. They didn't tell you the whole story.

They obviously had a business reselling new stuff.

 

 

Edited by JoeF

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