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Got 1099 from sponsoring employer while in H1B. Would it be a issue when filing I485?

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  • Got 1099 from sponsoring employer while in H1B. Would it be a issue when filing I485?

    Hello awesome members,

    I learned so much from this forum, thank you all so much!! Now I'm trying to file I-485 to adjust my status, but I'm in a situation that I don't how to do my next step properly.

    I have H1B visa since 2016. I filed the tax of 2016 with W2. However, the company that I'm working had some changes in 2017 (my job and responsibilities didn't change), and at the end of the year, I received 1099 for tax from the same, sponsoring employer. I wasn't aware of the difference, so I filed my 2017 tax with 1099. A few months ago I got married to an American citizen, she is trying to file I-485 for me. However, her income is not enough for the requirement, I was thinking to include my income to the household income, but after researching on this topic, I realized my tax record with 1099 may affect my I-485 application because it seems like I'm not supposed to get 1099 while I'm in H1b. I'm not sure if I should worry about it, or if I should get it fixed.

    Additionally, the office address of the company I work with has changed, but my actual work location hasn't changed. Do I need to do an amendment on my H1b visa before I file I-485?
    Thank you very much!!

  • #2
    You married now, so we gonna assume 1099 was a mess up and a pain to fix now. You married to USC.

    Are you currently working on h1b? Will your h1b have 2 more years on it? Employer letter? 6 months paystubs?

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    • #3
      Originally posted by cali2018 View Post
      You married now, so we gonna assume 1099 was a mess up and a pain to fix now. You married to USC.

      Are you currently working on h1b? Will your h1b have 2 more years on it? Employer letter? 6 months paystubs?
      Hi Cali2018, thank you very much for your reply. To answer your question, yes I'm currently working on H1B. It will be expired in February, 2019. I'm still getting paid by checks, so I don't have pay stubs. A verification letter from my employer should not be a problem. What would you recommond me to do? Thanks so much!

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