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PLEASE HELP -regarding 485 and a mistaken 1099!!!

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  • PLEASE HELP -regarding 485 and a mistaken 1099!!!

    hi guys:
    im in Panick mode right now -Let me explain my situation: I am applying for AOS based on the fact that my wife just became a citizen (I'm on H1 right now). We have everything in order EXCEPT that for a period of time last year (3-5 months), my idiot new employer hired me but for some reason classified me as 1099 versus a W2 employee. When the mistake was realized and we rushed to try and get it fixed, a few months had passed. Needless to say, my accountant recommended I just file with my 1099 from this new employer and combine that with the W2 for the first 4 or so months that I was with my previous employer (I was not able to get my W2 from the new employer till the start of the current year).

    Long story short, I was informed by my lawyer that we have to submit my AOS application and EAD application WITH 3 years of W2 forms. I naturally only have 1 W2 form for last year and the salary on that W2 is obviously far less than waht I actually got that year.

    What should I do? Should I submit my W2 AND 1099 for that year? Will the INS not jump on the fact that I am submitting a 1099 and they might say '1099s are not for H1s?'
    PLEASE advise. I'm BIG time panicking. What other options do i have?

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