Hello,

I´m a Non Immigrant Worker using a H1B visa to work for my sponsor employer in USA, I started Working March 2008 and I´m preparing my tax return forms for 2008, when I asked my employer for the W-2 Form I told me he is going to give me a 1099-MISC Form to declare my income, I would like to know id a H1B worker must have a W-2 Form? It´s is possible to report it with a 1099-MISC, Thanks!

Normally, the employer should give you W2 if you worked as a regular employee. But getting 1099-misc, the maximum taxes you pay more are about 7.5%. There are some benefits also.

An employee gets W2 and an independent contractor gets 1099-misc. On W2 the employer must withhold Social Security and Medicare taxes. How you will treat the 1099-Misc income, read: Your U.S. Tax Return: W2 vs 1099-Misc: Employee vs Independent Contractor.