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Anne
Anne, Master Tax Preparer
Category: Tax
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Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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Hi I work on W2/H1B with an employer and part time with another

Resolved Question:

Hi
I work on W2/H1B with an employer and part time with another employer.
I used to work with the other employer before I moved to the new one
Both of them have my petition (I797 I think)
It is legal to be payed as "Payroll Expenses: 1099 Compensation" from the previous employer?
Submitted: 6 years ago.
Category: Tax
Expert:  Anne replied 6 years ago.
HICustomerbr />
Thank you for using justanswer. You may not be self employed while on an H1 visa (paid as 1099 compensation)

You may work for more than 1 employer as an employee (paid on W2), but each employer must apply for an H1 visa and the jobs must be in the same type of work.

Please see below for more in depth information. (You will need to copy and paste the below link into your web browser)

http://www.immihelp.com/visas/h1b/h1-visa-holder-responsibilities.html


I hope this helps.
Customer: replied 6 years ago.

Both employers holds a valid H1B visa for me.
Are you saying the previous one has to change the status of the visa to allow a concurrent H1B so I can work with both in the same time as W2?
Expert:  Anne replied 6 years ago.
H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer, and each employer must have an approved H1B visa for the employee, so it sounds your employers may already be in compliance.

I hope this helps.
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