I worked for this small company for six months. Before I got hired, I was told by my boss that the company was willing to sponsor me, but I need to pay for the legal and processing fee since there is no way for the company to have the ability to pay for that. At that time I wasn’t thinking to much and just wanted to get a job to start with it. After I started the job for a month, I realized that my boss paid everyone under the table, which not through payroll but by paycheck, so I wasn’t sure if my boss had deducted tax in the paycheck, because the amount I was told I would get in the beginning showed up exactly the same on the paycheck. And paycheck was never paid on time, everybody needs to go up and ask my boss for the paycheck.
My boss never gave me any form of document like contract to indicate a employee-employer relationship. Even though I asked, my boss tended to delay it. So a month ago my boss found another person to in place of my position, but the company can still help me process my H1B as my boss wanted to be “nice” and wanted me to be able to stay in the country. this is highly illegal, so I didn’t want to process H1B anymore. Moreover, I am on the process of submitting I-130 form to get K-1 visa now.
The issue is now she is asking my SSN and all sort of information to file 1099 tax form. I asked her to clarify the status of my job, she is telling me that I was hired upon as contractor, which is not true, since I didn’t even know I was hired as contractor in the beginning, nor there is any contract involved. She is so urgent to obtain my information now that she said if she didn’t upload the tax form I will be in trouble from IRS for tax issue.
Till now, she still hasn’t paid me my last month paycheck. When I asked, she said she need to talk to me to clear it up.
So the question I have now is that I don’t trust her and I do not want to provide her any information. I don’t want her to get any sort of benefits like tax deductions for the company through me either. If I insist on not giving her all the info, will I get into trouble from IRS that I am not paying any tax?
Thanks in advance!

