1099 & W2 from Same Employer

[sbathulay2k]

How 1099 filing effects Immigration for an H1b person?

--------------------------------------------------------------------------------

I am on H1b of an employer and I have received income from the same employer on W2 and on 1099-MISC (same employer). He says 1099-MISC income is a per diem.
Same employer has also filed my green, which is in process and I-140 and I-1485 were submitted two months ago.

I have read several forums and it seems like 1099 is for an independent contractors, which I am not, and should not be given to a permanent employee.

I have three questions
1- How do I file this 1099-MISC income for 2008 TAX?
2- Am I allowed to receive per Diem on 1099-MISC.
3- Does the TAX filing of the per diem income reported on 1099-MISC will/may effect my immigration case? And can cause any rejections or RFEs?
4- Is anyone aware of any professional service available out there specialized in H1b taxes?

[knowledgeable]

Tricky ...

... actually PER DIEM should have been on expense reports only and not shown on 1099, as it's technically not an income.

However, this mean that you will have to bear taxes on the 1099.

IRS will not have any problems with you showing W2 as well as 1099 from the same or another employer and this will not affect your permanent residency application.

Make sure you have ALL the documents always handy and have copies of the same as and when required, just in case.

Most critical thing is to ensure you do not hide any income whatsoever and pay your taxes properly and on time.

Keep these documents in a file that you may need to take with you during your interview for your GC.

I'd strongly recommend you consult a CPA too, and that too a good senior sincere one, not one of those "quacks" who try to "make" some money for the H1 guys.

Good luck.