Hi,
I have a question that if a person is employed on H1-B visa, can he have a misc income, that is either from work from home kind of job where you get a 1099 form, is it legal to do this kind of work and earn side income apart from your H1-B employment. In this case when you file return apart from submitting W2, do we have to submit the 1040 form also.

Thanks in advance let me know the answer for this.

Thanks,
Yogesh

Yogesh:

This is really a legal question which should be answered by an immigration attorney.

From other postings, it is my impression that you should only be getting income from your sponsoring employer.

However, the IRS is not the enforcement agency here, and if you have a Form 1099-MISC, you must report the income on the same tax return where you report your W-2 income. You will get into trouble with the IRS if you fail to report the Form 1099-MISC income.

Thanks for your reply... But still my question is open how, isn't it... as I asked earlier is it legal to have or not 1099 misc with w2?

As far as I know, you should not work for someone other than your sponsoring employer.

That said, you must claim the income reported on the Form 1099-MISC. The IRS knows you made this money, and they will look for it on your tax return.

Ok. Thanks for the info

Glad to help!