Can F-1 be an independent contractor?

[denver3883]

i have been in the states for a little less than three years. i am on f-1 visa. been trying to stay in status; however, my sponsor lost his business and i had to get work authorization to work off campus. for a couple months in 2005 and beginning of 2006 i received 1099s. now i am afraid i am in trouble cuz even though i had the authorization to work, it seems like i shouldn't have been paid as an independent contractor. i will be trying to apply for H1 and then green card. will my 1099s be a stumbling block? what is my course of action?


thanks a lot

 

[great guru]

Do you have EAD while you are getting 1099. If your answer is 'no' than then you are violating F1 status.

i have been in the states for a little less than three years. i am on f-1 visa. been trying to stay in status; however, my sponsor lost his business and i had to get work authorization to work off campus. for a couple months in 2005 and beginning of 2006 i received 1099s. now i am afraid i am in trouble cuz even though i had the authorization to work, it seems like i shouldn't have been paid as an independent contractor. i will be trying to apply for H1 and then green card. will my 1099s be a stumbling block? what is my course of action?


thanks a lot

 

[LucyMO]

as long as you had a work permit, it doesn't matter whether you worked on W2 (employee) or 1099 (a contractor). The difference will be in the amount of taxes you pay.

 

[denver3883]

yes, i had my work permit for the time i got the 1099s for. i freaked out because i read on quite a few web sites that F-1 students are not supposed to receive their compensation as independent contractors. i perused through the entire internet to find a definitive answer but it seems like there is not a single authoritative source. it would be quite ironic if my future status will be jeopardized by what seemed to be the right way to go about the problem - getting that work permit

So i guess the INS can't really track if you worked 20 or more hours if you were a subcontractor?

 

[great guru]

Once you have your OPT EAD, you are free to work and earn money. How you are earning the money is none of USCIS concern, but you must pay your IRS taxes.

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yes, i had my work permit for the time i got the 1099s for. i freaked out because i read on quite a few web sites that F-1 students are not supposed to receive their compensation as independent contractors. i perused through the entire internet to find a definitive answer but it seems like there is not a single authoritative source. it would be quite ironic if my future status will be jeopardized by what seemed to be the right way to go about the problem - getting that work permit

So i guess the INS can't really track if you worked 20 or more hours if you were a subcontractor?

 

[LucyMO]

I worked as a contractor during my CPT. The employer gets to save money on your benefits and taxes, that's it.

as far as i know a hardship permit might allow you tp work full-time....

 

[kewl]

Hi Lucy,

I have following questiosn:
1) Can a person work on CPT full-time (40 hours) during semester as far as school authorize it? How many minimum credits one has to take?
2) In case of full-time employee offer, can a person join that company on CPT? If yes, then on full-time employee there is no end date, so until what date school should authorize CPT?
3) Can you do a full-time CPT for more than a year as far as school authorize it?

Thank you very much for your help!

I worked as a contractor during my CPT. The employer gets to save money on your benefits and taxes, that's it.

as far as i know a hardship permit might allow you tp work full-time....

 

[LucyMO]

) Can a person work on CPT full-time (40 hours) during semester as far as school authorize it? How many minimum credits one has to take?

yes, and I had to register full time

2) In case of full-time employee offer, can a person join that company on CPT? If yes, then on full-time employee there is no end date, so until what date school should authorize CPT?

yes, but the employer should probably called it an internship, and probably - a semester at a time.

3) Can you do a full-time CPT for more than a year as far as school authorize it?

I don't know

How will CPT affect OPT in the future? If you have full-time CPT for a total of 12 full months (365 days), you will not be eligible for OPT

http://international.missouri.edu/isss/students-f1/employment/