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Leena Kamat
Leena Kamat,
Category: Employment Law
Satisfied Customers: 91
Experience:  Managing Attorney at Kamat Law Corporation
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I am currently on OPT EAD, where I am employed with an

Customer Question

Hello, my name is ***** ***** I am currently on OPT EAD, where I am employed with an employer under W2. In adition, can I work as an individual contractor on 1099?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: My OPT has been reported
JA: Anything else you want the lawyer to know before I connect you?
Customer: There is an RFE on my H1B
Submitted: 1 month ago.
Category: Employment Law
Expert:  Leena Kamat replied 1 month ago.

Hi Shouvik,

If you are in your initial 12-month period of OPT, then yes, you may work on 1099 in addition to W2, as long as the 1099 work is also related to your field of study and you keep your DSO informed. You cannot work on 1099 if you are in your STEM extension.

Hope this helps - please provide a positive rating so I can receive credit for assisting you!