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1099 Income for H1B holder from a side job

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  • 1099 Income for H1B holder from a side job

    I'm a foreign national and will start to process EB2 Greencard process soon.

    Along with W-2 income from my H1b visa sponsor, I have had some side income from my side consulting job (very tiny...less than 10% of my total W-2 income). I have been reporting those 1099 income on my previous tax returns.

    Someone says those reported 1099 income can create problems on my greencard processing since it is illegal for H1B holder to be compensated by any other employers other than the sponsor.

    And someone says INS (USCIS) merely gather specific tax filing data from IRS for the purpose of GC applicant background check. And IRS encourages nonresidents to report whatever income they make...even for illegal immigrants. - so it is the right thing to do if ever have income other than the W-2 income.

    What's the risk? Do you think INS can reject my GC application because I have some 1099 income? Would they say I seriously violated the immigration law? Are there any cases of application rejection due to having 1099 income?

    Truely appreciate answers from ppl who had similar experiences but received GC without a problem
    Last edited by JasonLA; 01-12-2009, 02:30 AM.

  • #2
    It is illegal to work for anyone other than your H1b sponsor. Unauthorized work could lead to huge mess. Talk to your attorney.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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