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View Full Version : F1 visa and being self emloyed


NatBat
Feb 23, 2009, 09:13 AM
Hello! I am on F1 student visa, getting my masters degree. I am also on CPT. It turned out that I am an individual contractor (working 20 hours a week) at this company.
My question is :
Is it legal to be self employed while on F1 visa?
Thank you!

DCcityboy
Feb 23, 2009, 09:29 AM
Your question is a bit confusing. Are you asking if its OK to work for yourself or OK to be a 1099 subcontractor? The contractor status is a taxation status for you chosen by the employer and is valid. I'd advise getting an experienced tax preparer or CPA to assist with your tax filing.

Under CPT (curricular practical training), the F-1 employment is approved by the DSO/FSA (foreign student advisor) as part of the course of study, so self-employment is prohibited. Allowable under OPT.

If this was helpful, rate this answer. Good luck!

NatBat
Feb 23, 2009, 09:54 AM
your question is a bit confusing. are you asking if its OK to work for yourself or OK to be a 1099 subcontractor? the contractor status is a taxation status for you chosen by the employer and is valid. i'd advise getting an experienced tax preparer or CPA to assist with your tax filing.

under CPT (curricular practical training), the F-1 employment is approved by the DSO/FSA (foreign student advisor) as part of the course of study, so self-employment is prohibited. allowable under OPT.

if this was helpful, rate this answer. good luck!



Thank you for the prompt response!
So if it is illegal under the immigration laws, then the tax question is out of the question, right? I cannot be an individual contractor and be on F1 visa CPT at the same time. Correct?

DCcityboy
Feb 23, 2009, 10:09 AM
You are fine, although the employer should have you as an employee. If the CPT is approved by the DSO, you are not "self-employed" for immigration purposes, it is a tax status for your tax filing. Check with an experienced tax preparer for details regarding filing form 1040NR with schedule C to report 1099 income.

If this was helpful, rate this answer. Thanks.

sandu1979
Mar 28, 2009, 11:31 AM
Hi , Are you on CPT?
Please can you let me know the name of the university, email id is : [email protected]