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    cooljamie21's Avatar
    cooljamie21 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 23, 2007, 12:21 PM
    H1b and 1099-Misc
    I am currently on H1B working for a company in US. Now I think when you are on H1b you can only work on 40 hours a week and no more, at least on paper it should show that way.

    Is it OK if you work more than 40 hours a week for same company but they pay you for 40 hrs on your paycheck and anything over is paid to you as a bonus for which they send 1099-Misc? Now 1099-misc is not taxed so at the end when you file it you have to pay for ssn and medicare tip, I was wondering is there any better way to handle this whole situation. My company will pay for me the hours I worked even if its more than 40/week but I want to make sure that I am not violating any immigration law.

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

    Apr 23, 2007, 12:55 PM
    It is my understanding that H-1B visa holders are to be paid under a W-2 and that ANY payment under Form 1099-MISC is not legal.

    However, since I am NOT an attorney, I cannot advise you on this issue.
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