Hi guys,

I am a resident alien (in US since 2001 on F1 visa) and currently on F1 status. In Dec. 2007 I worked for a small period and received a 1099 misc. ($500) and other than that I was full time student and got my W2 for the year. I am from India and my W2 is for the GRA work.

My question is if it is legal for a F1 resident alien to file both w2 and 1099-misc?

I read a lot of previous posts but all of them concerned nonresident aliens, so I am not sure if that would change anything in my case.

Thanks for the help.

Technically, it is a violation of your visa, but for $500, it is not a major violation, so Iw ould not work about it.

BTW, starting in 2006, you are considered to be a RESIDENT alien. Your non-resident alien status expired on 31 December 2005 due to the five-year rule.

If you filed as a non-resident alien for 2006, you need to fix that.

For 2007, you will file Form 1040 and Schedules C and SE to report the 1099 income.