Can H1B holder get 1099-Misc on top of W2 ?

[ManTech]

If H1B holder is on full time position with a company and getting his W2 , can he be paid 1099-Misc for the part-time consulting from another company? 

Needless to say that tax will be paid at the end of the year. One of the tax consultant said that we can but there are lot of different opinions of people on this. I want to know if it is legal ? 

Remember that 1099-Misc can be from various sources, like lottery, trading, part time home based biz etc..

Thanks

Manny

[harvinder207]

Don't even try to get W2 or 1099 from any other source other than the employer holding your H1B. W2 or 1099 from any source will appear on your record and will effect your H1B extension or I-485 application.

For eg, if you are running Uber or renting your house on AirBnB, they will release 1099 for your share of income. That is not legal on H1B.

[ManTech]

Harvinder -  are you attorney or Tax consultant ? 

[rt439]

You can get 1099 as long as u are directly not working or not getting paid directly. I checked with my attorney and tax consultant. It is perfectly fine.

[ManTech]

Thanks RT439,  that is the information I value, someone who has checked from right source. 

I myself get 1099-Misc from 2 sources, now this third one was for consulting project hence wanted to double check on it.

If anyone has any valid details to share, please share  but facts only.

Thanks in advance.

 

[sand136]

Don't we all get 1099 from bank on savings account for interest earned?

[asikka]

if you are doing crypto currency trading there is a chance you will get 1099K but you have to report same amount in capital gains and loss while reporting your taxes 

[JoeF]

On 4/30/2018 at 0:16 PM, sand136 said:

Don't we all get 1099 from bank on savings account for interest earned?

That's  different 1099, the 1099-INT (for interest.) A 1099-MISC is for miscellaneous income, which generally is not allowed for people on H1.

About the different 1099s, see https://en.m.wikipedia.org/wiki/Form_1099