Hello:

We are currently working on H1b visa with a small start-up company in Houston. However, we do not receive pay stubs for every month. The company issues us personal checks. However we are planning to get our visa stamped, and would need pay stubs as proof of employment. Is there any method by which we can get pay stubs for our work?

Can we file our tax returns on 1099 on an H1b visa?

Thank You.

Haresh:

The start-up company has a legal obligation to provide an up-to-date summary of your salary, either with pay stubs or some type of printout that shows what they have paid you year-to-date. Just ask your employer for the summary/printout and why you need it. I would be shocked if they are not tracking your pay using some type of payroll/spreadsheet program.

At the end of the calendar year, they will provide you with a W-2 or (more likely) Form 1099-MISC, showing you to be working as an independent contractor.

Yes, you can and should file your tax return using Form 1099-MISC. You would have to file Schedule C with either the Form 1040NR/1040NR-EZ (if you file as a non-resident alien) or Form 1040 (if you file as a resident alien).