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    noodles7's Avatar
    noodles7 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 18, 2009, 11:26 AM
    h1b status with w2 + 1099
    Hello I am on H1-B status.
    I am receiving w-2 for my regular hours, but also receiving a 1099 as well from my sponsoring company.

    The 1099s come from work that I did outside of my sponsoring company for other companies but were paid through my sponsoring company by check.

    I would be very thankful if anybody could help me find the right way to file this forms.. should they be regular 1099 or 1099 MISC?

    Somebody told me that as long as the taxes are paid and you are not making too much money staying under the radar it is not such a big deal while not the rightest thing to do. Also I have heard that in h1-b status you are only suppose to get w-2s but I have came across many people with the same problem in this site with 1099s.

    While it might not be the right thing to do, lots of people actually do some freelance on the side while on H1-B so I do know that I am not the only one with this problem.

    Thanks in advance!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Dec 18, 2009, 01:04 PM
    Doing free-lance work on the side OUTSIDE of your H-1B visa IS a violation of your H-1B visa. However, your independent contract work is being paid through your sponsoring company, so it may NOT be a violation by you since your sponsoring company is aware of the work. This is REALLY a legal question that is best answered by an attorney.

    That said, the method by which you are being paid IS a violation of your visa, but the violation is being committed by your sponsoring company, who, as you mentioned, is supposed to pay you ONLY via Form W-2.

    That said, you have no real control over how you get paid, so you best just report the income using Schedules C and SE and pay the required taxes.
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