Ask Experts Questions for FREE Help !
Ask
    dmansoor's Avatar
    dmansoor Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 28, 2008, 09:47 AM
    How 1099 filing effects Immigration for an H1b person
    I am on H1b of an employer and I have received income from the same employer on W2 and on 1099-MISC (same employer). He says 1099-MISC income is a per diem.
    Same employer has also filed my green, which is in process and I-140 and I-1485 were submitted two months ago.

    I have read several forums and it seems like 1099 is for an independent contractors, which I am not, and should not be given to a permanent employee.

    I have three questions
    1- How do I file this 1099-MISC income for 2008 TAX?
    2- Am I allowed to receive per Diem on 1099-MISC.
    3- Does the TAX filing of the per diem income reported on 1099-MISC will/may effect my immigration case? And can cause any rejections or RFEs?
    4- Is anyone aware of any professional service available out there specialized in H1b taxes?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 16, 2008, 01:46 PM
    Form 1099-MISC can be used to pay per diem.

    If it is over $400, you should file a Schedule C with Form 1040NR. Your per diem expenses should exactly match the per diem reimbursement, resulting in NO tax liabilities.

    It will NOT affect your green card application.

    I can prepare your return if you have not already filed. If interested, PM me.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Issuing a 1099 for a foreign person. What do I need to know? [ 7 Answers ]

We are a private company in the USA. We paid rent to a person that lives outside of the USA. What form do we file? Do we issue a regular 1099 for rent paid or do we use a different form because he is out of the country? Thanks in advance!

H1B - Can take F1 person as dependent [ 3 Answers ]

Hi, Question: Can H1B person take his brother(brother is on F1-student visa) as dependent? Thanks.

Filing for immigration but wants a divorce! [ 1 Answers ]

I'm a us citizen and I married my husband while he had a tourist visa. We have a lawyer for the immigration process and what not. I really don't understand all these paper works. His visa had just recently expired and he hasn't received his work permit and we haven't had our first interview,...

1099-G and 1099-INT, filing as a non-resident [ 1 Answers ]

Hi, I am a citizen of India and filing my taxes as a non-resident for 2006. 1.> I received 1099-G of my 2005 state tax refund. In my 2005 federal tax return I had used the standard deduction on line 11 of 1040NR-EZ i.e "Itemized deductions" line since it is entitled to students from India. Is...

View more questions Search