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  • 1099

    My friend has been under H1-B status and last year he offered consulting service as a side job and earned $2,000 from the client directly.

    He has not received a hardcopy of 1099 form fron the client yet, but when he accessed TarboTax premium package, which fills information such as employer's name and tax amount automatically, 1099 showed on the column.

    He does not intend to file from TarboTax premium package and fills out info manually.

    Recently he got his LC approved and proceeds to I-140/485 process shortly.

    Q1) Does he have to file 1099 even though he has not received 1099 from the client?
    Q2) I have heard that IRS conducts audit for tax return for certain time period after LC approved. If he submits tax return including the 1099, that jeopartize his GC process?

    I appreciate your advice.

  • #2
    H-1B holders cannot be paid on a 1099 basis.
    IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

    PD: 9/12/2000 (EB3/VA/RIR/Canada)
    I-140 RD: 12/22/2000
    I-140 AD: 7/16/2001
    RD: 8/28/2001
    ND: 10/26/2001
    FP1: 1/31/2002
    RFE: 8/2/2002
    RFE RD: 8/28/2002
    TD: 10/22/2002
    FP2: 6/19/2004
    ID: 07/15/2004
    AD: 07/15/2004
    CO: 08/18/2004
    CR: 08/23/2004
    N-400 RD: 05/21/2009
    FP: 06/13/2009
    CFR: 08/05/2009
    IL: 08/21/09
    ID: 10/7/09
    USC: 10/8/09


    • #3

      Originally posted by TheRealCanadian View Post
      H-1B holders cannot be paid on a 1099 basis.
      Thanks for the comment. Once he gets Green Card, then he is OK to have side business and gets paid for that (and 1099)?