I am a physician doing j1 waiver , on H1b visa. I am employed by a private group. The hospital pays 25000 dollar as a policy to new doctors over three years as signing bonus. In 2004 the hospital paid me 6000 dollar , but they sent me 1099 misc which I accepted and also showed on my tax refund. I had no clue about its affect at that time. This year they again sent me 1099misc of dollar 12000. I know now that one should not accept 1099 misc on H1b visa. what can I do, please advice. What kind of affect it can have on my green card processing.

AtlantaTaxExpert

Vivek444:

If the Form 1099-MISC came from the same employer as your regular pay, it should have no effect on your green card processing.

The law says you should not work for someone other than the person sponsoring your H-1B visa. It looks like you have met the spirit of that law, if not the letter.

You can argue that the bonus you received actually orginated from that sponsor, even if the hospital is a separate entity.