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    USADreams's Avatar
    USADreams Posts: 12, Reputation: 1
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    #1

    Jul 9, 2013, 02:33 PM
    Working from India on H1B with 1099
    Due to some family issues I had to return to India for unknown amount of time . For at-least next 6 months my current employer is ready to pay me as an individual contractor on 1099 , Once I return back I will be on W-2 . The employer is the one holding my H1B . Can I work on 1099 while I am in India ? Will I be violating any rules ? Should I get W-8EN instead of 1099 as I am working from India? I am sure I will be returning back later on , but not sure when . I was in US for 31 days of January returned to india on 2ndFeb and worked on W-2 till April 15th . Do I have to pay taxes for that ?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 9, 2013, 03:11 PM
    You have had four threads open about your tax problems, one of which ended with you biting the hand that tried to feed you.

    I would suggest that you contact a US tax Attorney or CPA with a specific list of questions and get very specific answers.
    USADreams's Avatar
    USADreams Posts: 12, Reputation: 1
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    #3

    Jul 9, 2013, 03:23 PM
    @Judy

    Not sure why you are saying " you biting the hand that tried to feed you" . I am trying to do the right thing .
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jul 9, 2013, 04:50 PM
    When did you first arrive in the U.S. on your current H-1B visa?

    Will you pay Indian income taxes on the income earned in India?

    If you stay in India for the rest of 2013, a case could be made for you being allowed to file an expatriate dual-status return. However, if you return in 2013, you must file as a resident under the continuous presence policy IF you filed as a resident in 2012.
    USADreams's Avatar
    USADreams Posts: 12, Reputation: 1
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    #5

    Jul 10, 2013, 01:36 PM
    I was on H1B Since 2011 October although since 2008 I was on F1 visa.

    I am thinking to pay entire tax as resident in US . If I am paying taxes in US I will be exempt from taxes in India .

    Sorry but I think My question was more of from immigration standpoint if working on 1099 while on H1B will create any issue .
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Jul 10, 2013, 06:38 PM
    It MAY create an issue, as H-1B visa holders MUST be paid under Form W-2.

    Suggest you post the question in the LAW Forum under Immigration Law.
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