On a H1B1 being paid as a 1099 vs W2

cdupuis

New Member
I am a Canadian currently working on a H1B1 visa in the United States.

I would like to know if it is legal to be paid as a 1099 instead of being paid as a W2 while on a H1B1 work visa.

If it is legal, is it recommended or should it be avoided.

I have heard that lately immigration officer have been asking for Pay Slip from the W2 as a proof of being legally on the payroll.

Will this affect my ability to seek a green card in the future or later on apply for citizenship?

Any help would be welcome

Thanks

Clement
 
H-1b's are non-immigrant workers, i.e. they should be only getting paycheck (which could be bi-weekly, semi-monthly/monthly or according to employer's any other pay cycle) and a w2 at end of year.
 
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