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    mylife0881's Avatar
    mylife0881 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jul 19, 2010, 10:54 AM
    1099 contractor basis after OPT expired
    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.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #2

    Jul 19, 2010, 02:52 PM

    When OPT expires, you are no longer eligible to work. The answer for both is No.
    mylife0881's Avatar
    mylife0881 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Jul 21, 2010, 01:08 PM

    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?
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
    Senior Member
    		  
    #4

    Jul 21, 2010, 02:19 PM
    Quote Originally Posted by mylife0881 View Post
    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??
    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.
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