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KUMI95
KUMI95, Attorney
Category: California Employment Law
Satisfied Customers: 16111
Experience:  12 years attorney experience, Handled numerous landlord tenant issues in NYC and NY state
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Hey hi,I am on h1b and my employer issued a 1099 form to

Resolved Question:

Hey hi, I am on h1b and my employer issued a 1099 form to adjust some payments under box 7 non employee compensation. I have read about in forums where people were saying legality of above situation and also issue may rise when adjustment of status which is I-485. What would be your advise in this situation and should I talk to my employer and correct my tax statement which they might do or any alternatives ?

Submitted: 1 year ago.
Category: California Employment Law
Expert:  KUMI95 replied 1 year ago.

WALLSTREETLAW :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETLAW :

It may hurt you as the 1099 shows you were a contractor and not an employee,

WALLSTREETLAW :

you should have all income issued as part of a w2 if possible,

WALLSTREETLAW :

In terms of your 485, it could be an issue, if the income shows that you were not paid the Labor prevailing wage, the USCIS may not count the 1099 wages.

Customer:

Hi Kumi

WALLSTREETLAW :

hello

Customer:

thanks for your response .. even i felt 1099 form will haunt me and when approached my employer they are saying the amount we gave it on 1099 form is as an expense payment

Customer:

I am totally worried because it the amount is in the non-employee compensation box 7

WALLSTREETLAW :

If you were not an h1b employee, this would be fine, but for your future greencard case, it is best to have all income go through payroll

WALLSTREETLAW :

If it is a minimal amount it should not be an issue,

Customer:

i am an h1b employee and the amount is $1,568

WALLSTREETLAW :

what was your total salary

Customer:

total gross pay showing on w2 form is $112,127.00

WALLSTREETLAW :

With that amount of salary the 1099 for the $1,568 would not hurt you,.

Customer:

oh ..that's a soothing response .. but the other concern is I am planning to goto india in the month of May this year and I am due to go for stamping, so what would be my answer if at all visa officer or any legal person asks about 1099 form? in the first place if visa officer asks about my all w2 forms, do i need to show even 1099 form as well?

WALLSTREETLAW :

You should bring your w2 for the year, and bring a copy of your tax return, and a copy of the 1099 you would state the 1099 is for employee expenses,

Customer:

oh sure, even though they just ask for w2 forms, i still need to show them my tax returns and copy of 1099 form??

WALLSTREETLAW :

I would bring a copy, just in case,

Customer:

I am profoundly sorry to quote so many questions

WALLSTREETLAW :

it is fine

Customer:

and about filing the taxes, do you suggest me to approach a cpa or tax agent to file my taxes considering all this 1099 form?

WALLSTREETLAW :

yes, that may be best at this point.

Customer:

lastly, if my employer wants to correct the statement would it be fine? and can they do it at this point of time and I am approaching due date for filing taxes (april 15 2013) ??

WALLSTREETLAW :

A correction would be possible, however since it is late, they may not want to change it as they have to run payroll for 2012 to make up the difference.

Customer:

got it ... so my best bet would be 1) approach a cpa for filing my taxes which inclues 1099 form

WALLSTREETLAW :

yes

Customer:

2) when ever visa officer or any legal person asks about 1099 form, tell them that is expense reimburesement

WALLSTREETLAW :

yes,

Customer:

how would this 1099 from affect me when filing or applying my I-485 application?

Customer:

what precautions do i need to take care at that situation?

WALLSTREETLAW :

it should not have any bearing as your w2 income is high, the limited 1099 issue can be explained as expenses

Customer:

awesome kumi, you are a wonderful person for providing soothing responses

WALLSTREETLAW :

Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETLAW :

If satisfied with our service please provide us with positive feedback.

Customer:

thanks a bunch for the wishes and for the word

Customer:

i would definetly give the feedback

WALLSTREETLAW :

Thank you

Customer:

and if i would like to approach for further questions (if any) what is the procedure?

WALLSTREETLAW :

you would aks for wallstreetlaw

WALLSTREETLAW :

The question will go to me.

Customer:

oh great .. I would definetly do that .. Sincere thanks for all your time and help

Customer:

have a great day!!

Customer:

thank you

KUMI95, Attorney
Satisfied Customers: 16111
Experience: 12 years attorney experience, Handled numerous landlord tenant issues in NYC and NY state
KUMI95 and other California Employment Law Specialists are ready to help you

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