Hi there,

I completed my MS on July 17, 2009 and got my EAD authorization for OPT on 23rd July, 2009. I have started working for a company from 23rd July, 2009 which ended on June 30, 2010.
I was a full time employee till then but after my OPT expired my employer terminated me and wants to hire me on a 1099 contractor basis. I have a few questions related to the same:

1. Can I work as a 1099 contractor after my OPT expires?
2. I am enrolling to a school again before the 60 – day grace period expires. And so I will be under F-1 status again. Can I continue to work as a 1099 contractor while I become a full time student?

I am really in trouble. Please help.

When OPT expires, you are no longer eligible to work. The answer for both is No.

So even if I am a full time student under F-1 status I am not eligible to work as an independent contractor under 1099 basis?

Quote:

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Originally Posted by mylife0881

So even if I am a full time student under F-1 status I am not eligible to work as an independent contractor under 1099 basis??

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I agree with Lawanwadee, you cannot work regardless of the tax status, as you have no work authorization.

As you have your degree, why not file for an H-1B or possibly the STEM cap gap extension? I would advise you to consult with an experienced immigration attorney.