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  • Company not e-verified- Worked less than a month

    Hello,

    I have a situation and was wondering if you could throw some light. I will be as clear as possible like water. I am on STEM OPT and my extension expires on May 2015. I was working for a company which was not E-verified but at the time when i started working i didn't know that but after a couple of weeks I started the job I found an another job so i changed myself within a month. I worked for the company for less than a month.

    The question here is, the employer wanted me to sign on 1099 which is basically a contractor type of a form. Is it legal to work on this as I am on F1 STEM EAD? Will this affect me while I am applying for H1B next year ?

    Note: They pay bi-weekly so the second portion of it is yet to be paid so that's the reason they wanted me to get in 1099

    Please help and let me know

    Thank you very much for the help and you guys help a ton of people out there just as me. Keep the good work !

    Thanks
    Last edited by Sanjaycantony88; 11-04-2014, 11:38 PM.

  • #2
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    Last edited by DesiOPT-FaceBook-Admin; 11-05-2014, 09:34 AM.

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    • #3
      Please clarify your question. In below context are you talking about previous or new company?

      [COLOR=#333333] I worked for the company for less than a month. [/COLOR]

      [COLOR=#333333]The question here is, the employer wanted me to sign on 1099 which is basically a contractor type of a form. Is it legal to work on this as I am on F1 STEM EAD? Will this affect me while I am applying for H1B next year ?


      [/COLOR]

      Comment


      • #4
        Originally posted by Sanjaycantony88 View Post
        Hello,

        I have a situation and was wondering if you could throw some light. I will be as clear as possible like water. I am on STEM OPT and my extension expires on May 2015. I was working for a company which was not E-verified but at the time when i started working i didn't know that but after a couple of weeks I started the job I found an another job so i changed myself within a month. I worked for the company for less than a month.

        The question here is, the employer wanted me to sign on 1099 which is basically a contractor type of a form. Is it legal to work on this as I am on F1 STEM EAD? Will this affect me while I am applying for H1B next year ?

        Note: They pay bi-weekly so the second portion of it is yet to be paid so that's the reason they wanted me to get in 1099

        Please help and let me know

        Thank you very much for the help and you guys help a ton of people out there just as me. Keep the good work !

        Thanks
        You have not been clear. Who wants to pay you on 1099, the old company or the new company? Regardless, you are allowed to be paid by 1099 while you are on OPT or STEM OPT. See here: http://www.ice.gov/doclib/sevis/pdf/...nce_042010.pdf, on page 18.

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