1099 payments on H1B, please help!

D

docwarri

Registered Users (C)
I am a physician doing a waiver, my 3 years are almost up (yahoo!). Plan to go back to my home country for consular processing. I have done a few talks for pharmaceutical companies, maybe about 8-10 over the last 3 years, and got paid about 500-1000 bucks for each. The payment was through 1099's. I recently found out that you cannot get paid with 1099 (basically another company than the one sponsoring the H1) while on a H1. What should I do now, will there be any problem going for CP for my green card? Anyone has similar experiences, please help!!!
Thanks in advance.
 
as long as u have 40 hrs work , and H1 related W2's : INS won't care

I am in same boat like u .
but I am on NIW finished 5 yrs.
only problem will be if u are paid for some non medical work. then it is problem. If it is same Medical related work, (as a physician, u are entitled to work in the same profession. In your case , it is like giving a lectures while u are doing your wiaver job as a physician. Lot of physicians give lectures and get paid. Only problem will be if a doctor gets paid for Engineering work(for example)
this was explanation I got when I had same question.
please let me know if u got any other explanation
 
Suseela,

I'm sorry... you got the wrong expalanation. To get paid by someone else other than your H1B employer is not allowed by USCIS(INS). If you want to get paid for these activities, either get another H1 (by the way you can have as many H1's as you like. All you have to make sure you do 40 hrs per week at your waiver H1b), OR get paid through your H1B employer, i.e. these companies pay your employer and your employer cuts the check for you.

As for as impact on GC, I don't know about that.

Good luck!
 
is it true that , this is a problem only at I 140 level, not I485 stage

if u have gone through : LC and have crossed I 140 , do u think still this is a problem?
or if NIW, crossed I 140: same issue?
 
Sorry, I'm not sure how the process work or how/if they investigate. I was just explaining in terms of rules of H1b.
 
How bout 1099 payments made while on J-1? Anyone had problem with those?. I was paid aroun 1000 dollars with 1099 while on J1.
 
1099 on H1 ...

you are NOT allowed to work outside your H1B sponsoring employer. period! You are violating your H1B status if you work outside.

one time outside work may be forgiven by CIS, but it is discretionary.
If you do repetitive work outside your H1B, you will be in trouble at all stages of your GC process ... H1 renewal, I-140, I-485 or CP stage. Just pray, that CIS doesn't notice it in your papers.

unfortunately, some H1/former J1s don't know this and to escape the misery of a sucker J1 waiver job that pays poorly, work outside their H1 (like moonlighting) and take money directly without routing it th' their employer.

solution: either get a new part time H1B or route the money th' your current employer or forget about the moonlighting (what is more important? a couple thousand dollars or a risk of getting your petitions rejected and lose years of hard work that you did to reach this stage in life? decide yourself)
Earning some money while on a sucker J1 waiver job seems like a good idea, but the stakes are too high to go for these adventures.

you may email me. j1victim at yahoo dot com
.
 
Hi J1victim,
Thanks for the response. Do u have any personal experience with these issues? Your mail reads quite alarming. I have about 10 payments through 1099 over the last 3 years. No way to rectify that now, any suggestions?
 
You must log in or register to reply here.
Top