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Discussion in 'Tax, Social Security and Fin' started by tangerine5, Mar 17, 2012.

  1. tangerine5

    tangerine5 New Member

    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. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    H-1B holders cannot be paid on a 1099 basis.
  3. tangerine5

    tangerine5 New Member

    Thanks for the comment. Once he gets Green Card, then he is OK to have side business and gets paid for that (and 1099)?

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