Legal Question in Immigration Law in Florida

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


Asked on 9/20/09, 8:02 pm

2 Answers from Attorneys
Michael Snytkin Azam Snytkin, P.A.

In order for you to maintain H-1B status, you must be a W-2 employee. Working as a 1099 while on H-1B could affect your ability to get a green card in the future. This said, you may work as a 1099 if you have employment authorization and your I-140 / I-485 (employment based green card and adjustment of status) is pending.

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Answered on 9/21/09, 2:01 pm
Daniel Hanlon Hanlon Law Group, P.C.

Dear Inquirer:

The H-1B category is not permitted for "independent contractors," since there must be an employment relationship between the Petitioner and the beneficiary. If you are techically violating your status because your employer has treated you as an independent contractor, you may be ineligible to adjust status to permanent resident in the US.

I recommend that you visit www.hanlonlawgroup.com for more information.

Regards,

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Answered on 9/21/09, 2:47 pm


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