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Thread: Worked under F-1 with CPT, but got 1099-MISC. Is this ok?

  1. #1

    Exclamation Worked under F-1 with CPT, but got 1099-MISC. Is this ok?

    Hi,Iím an international student under F-1 visa. Last summer, I interned under CPT which was allowed by my school with taking the internship class. (JuneĖJuly 2014) However, I received 1099-MISC today and it seemed I was treated as an independent contractor instead of under W-2.


    Iím very confused, because some say itís ok, but some say working as an independent contractor under CPT is violating my F-1 status and it will be a problem when I apply for H-1B in the future.


    Is is being any trouble?óif so, what should I do to get out of this?

    Thanks for taking your time,

  2. #2
    Quote Originally Posted by Ein85 View Post
    Hi,I’m an international student under F-1 visa. Last summer, I interned under CPT which was allowed by my school with taking the internship class. (June–July 2014) However, I received 1099-MISC today and it seemed I was treated as an independent contractor instead of under W-2.


    I’m very confused, because some say it’s ok, but some say working as an independent contractor under CPT is violating my F-1 status and it will be a problem when I apply for H-1B in the future.


    Is is being any trouble?—if so, what should I do to get out of this?

    Thanks for taking your time,
    Technically, this should not have an effect on your H-1B. Chances are, they classified you as a 1099 Contractor because it’s easier and cheaper. You can try to go back to them to change your classification to W-2 employee, but then you may need to return some funds to the employer as they didn’t do all the proper withholding. You are allowed to be a 1099 contractor for regular OPT, and it may be the same for CPT. You might want to seek the advice of an immigration attorney if you want to be sure.

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