I have a job offer from a company based in the US and they want me to start working full-time while they do my H1B visa transfer from one of my previous employers to this one. I currently work in India.

It is a contract position for now.

I would like to ask you how will this work legally. Would it be a 1099 contract or something else because I wont be physically present in the US?


1099 is the form used to report payments to contractors where the payer and the payee are US entities for tax purposes.

If you're a US tax resident - you'll receive this form. If you're not - you probably won't.

That's just a form.

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  • US tax resident? Didnt get that. I am a citizen of India. – Rahul Desai Mar 3 '15 at 13:00
  • @RahulDesai I'm not sure I understand your confusion. The fact that you're an Indian citizen has nothing to do with your tax residency. Being on H1b status you're likely to have been a US tax resident, and depending when you left the US - you may still be. – littleadv Mar 3 '15 at 13:47
  • Earlier when I was working in the US, I was not on H1B, I used the CPT work permit provided by my school. Also, I have paid all taxes till date in US and India. So, I have never worked on H1B till date. I am trying to avoid 1099 to save on taxes. Having given this information, will I still get 1099? – Rahul Desai Mar 3 '15 at 14:09
  • @RahulDesai as I said - 1099 is just a piece of paper. What exactly are you trying to avoid? – littleadv Mar 3 '15 at 14:14
  • I am trying to avoid the US taxes. EDIT: and also Indian taxes. – Rahul Desai Mar 3 '15 at 14:16

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