I'm H1-B part time but have to file 1099 tax form?

A

alamakan

New Member
Hi,

I work in a small company (about 5 total employees) that sponsors me for H1-B part-time since October 2005. They recognize me as part-time employee who follows part-time regular schedules (I meet all the requirement of minimum hours/week and wages/hour by INS standard).

But the company does not withheld payroll tax. All employees there file 1099 tax form which is used for independent contractors/freelancer (I'm the only non-US citizen employee there). To my understanding, filing 1099 would put me out of status.

Since this is the way the company operates per se (meaning "that's just the way we normally do it"), what are the solutions to this?
 
Apparently I wasn't being clear.

Of course I will file and pay the taxes, but I'm worried if I file the taxes using 1099 form I would be out of status (instead of using 1040). It's because H-1B visa holder is not supposed to be working as independent contractor.

So the question is: is it okay to file the tax of a part-time H1-B holder with 1099 form? Or must the tax be filed under 1040 no matter what?
 
I think you're confusing a W2 and a 1099. Everyone fills out the 1040 as that is the tax return form. Ideally they want to see you on W-2 but at this point in time all you can do fill in a 1099 and use it with your 1040. See if they can put you on the payroll and W-2 you in the future. If they can't then you may run into some issues later if you have to submit Tax Returns for an RFE for your GC.

It's funny you ask about this because on the news tonight they were talking about illegal aliens who fill in tax returns and send in taxes. One of the things they said was that due to confidentiality rules, the IRS does not report to CIS.

You may want to consult an Immigration lawyer about. But don't freak out about the issue right now.
 
For your future H1 extenton, transfer, visa stamping you must be in the sponser's payroll and must have W2. Be careful.



alamakan said:
Hi,

I work in a small company (about 5 total employees) that sponsors me for H1-B part-time since October 2005. They recognize me as part-time employee who follows part-time regular schedules (I meet all the requirement of minimum hours/week and wages/hour by INS standard).

But the company does not withheld payroll tax. All employees there file 1099 tax form which is used for independent contractors/freelancer (I'm the only non-US citizen employee there). To my understanding, filing 1099 would put me out of status.

Since this is the way the company operates per se (meaning "that's just the way we normally do it"), what are the solutions to this?
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