Hi,

I have just converted myself from H1 to F1 and registered for the summer. The school gave me the CPT I-20 to work for fulltime while I would be taking the classes online. I got an employement opportunity through my employer (subcontracting to primary vendor). However, the primary vendor asked me if I can work on 1099? I am not sure if this is legal or not but it pays me more than my current employer about 25k more.

Should I be working on CPT as independent contractor or through my employer only? Is this legal to work as an independent contractor and get 1099? I would get more than 60k per year in both cases. How should I be paying taxes at the year end?

Pleaes advise.

Thank you.

I believe it is legal, because the employment derives from the original CPT I-20 in that primary vendor is getting your services through the employer.

Tax-wise, it makes no difference because no self-employment or FICA taxes are due from you due to your F-1 visa status.

If you accept this additional work, be sure to set aside enough money to cover the tax bill come 15 April 2011 when you file your Form 1040NR with a Schedule C for 2010.