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Immigration Issues/Can I work with 1099 while I am in H1B status

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Question
Dear Mr. Ajay,
  I recently transferred my HIB to a new employer (since 4 months).My new employer issues me cheque every month without any deductions (taxes or ssn).I dont even get the pay slips. When enquired he mentioned that he would issue form 1099 at the end of the year. I understand that this is normally issued for independent contractor type of worker. Please awaken me on how i need to proceed in this situation

Thank you

Sincerely,
Arivazhagan Vasudevan


Answer
Dear Arivazhagan,

In order for you to maintain H-1B status, you must be a W-2 employee rather than a 1099 contractor.

I recommend that you either convince your employer to make you a W-2 employee. If this is not possible, then transfer your H-1B status to another employer as soon as possible. If you cannot locate another employer willing to file H-1B petition for you, then you may need to depart the U.S. in order to avoid technical violations of H-1B status.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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