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stateofnepal
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Posted on 02-24-16 5:21
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Since lyft doesn't generate 1099 for less than 20,000 mileages. So can h1b do lyft/uber?
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cybro
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Posted on 02-24-16 6:20
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whatajoke
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Posted on 02-24-16 6:35
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It's stupid thing to do!!! That is what I was thinking just waiting for other guys responses!!!
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collegefootballrocks
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Posted on 02-25-16 8:20
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ShankarHuShankar
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Posted on 02-25-16 9:26
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Do you mean to say technical or driving job? Make it little clear.
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bhetghat
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Posted on 02-25-16 9:39
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NO YOU CAN'T AND DRIVING UBER/LYFT IS WORTHLESS. YOU RUIN YOUR CAR, PEOPLE PUKES IN YOUR CAR AND YOU PAY 20% TO THE CORPORATE. SORRY FOR CAPS BUT BEEN THERE DONE THAT.
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Yekku
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Posted on 02-25-16 10:31
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Hello All, For you kind information, Yes H1 Candidate can drive Uber. I am not sure of Lyft. But for sure you can drive Uber. Because i am driving as H1 Candidate. I did lots of study and contacted Uber service to confirm and finally driving for over a year. Uber driver are independent contractor. So they are not an employee. For H1 candidate, they can't have more than one employee. So if you drive Uber, you are the owner/sole proprietor. It works same as H1 owning his/her own business and share the profit. Me personally, i get W2 (salary) from my employee and for driving Uber i will receive 1099. When you file a tax for the year, H1 should not have more than one W2 but as many 1099 as he gets. There are many H1 who owns their own business apart from their regular job. When you receive 1099 you include them in schedule C at the time when you file a tax. So 1099 does not act like you are working for different employer. So for your better information. I have no problem transferring my H1 even though i have been driving Uber. I just got my labor approved with no problem. So the Answer is "YES". Utilize your time and convert your extra time into money. Good LUCK.
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sajhamitra
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Posted on 02-25-16 12:34
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Yekku, Are you absolutely sure about that you can work under 1099? Have you consulted any immigration lawyer or USCIS about it? I don't think you can. I understand about 1099 as a independent contractor. Also "When you file a tax for the year, H1 should not have more than one W2 but as many 1099 as he gets". That's false man. It's other way around. Please correct me if I am wrong. You can work for multiple employers at the same time with different H1bs and as many as W2 but you CAN NOT WORK under 1099. That's straight violation of H1b. 1099 doesn't guarantee the employer-employee relationship. For your reference here is a link http://immigrationvoice.org/forum/forum105-immigrant-visa/995839-1099-misc-income-on-h1.html Also here is the reply for immigration attorney http://www.avvo.com/legal-answers/can-i-work-on-1099-on-h1b-visa---1352547.html You just said your labor just got approved but I guess you you need to submit your tax document while filing 140 and 485. You can google and every single post is against working under 1099 while in H1b. Think of this way. One of the criteria of H1b is you have to work in your related field of study and Uber is not your related field of study. That alone already violated the H1b rule. I am sorry but you are already in trouble. I do not know where you get this information that H1b can work under 1099. I have also many H1b friends who are offered second job under 1099 but they had to reject the offer only because when they consulted with their employer or immigration attorney their straight answer was big "NO". If you still can't believe me then contact your immigration attorney.
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sajhamitra
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Posted on 02-25-16 12:41
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Here is another reply from immigration lawyer if you are still in dilemma http://www.avvo.com/legal-answers/1099-side-job-income-while-on-h1b-------so-two-str-1290888.html
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Yekku
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Posted on 02-25-16 2:03
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Sajhamitra, If you go to USCIS / Immigration / Lawyer straight and ask if you can file Asylum based on fake story. The straight answer is also BIG NO. My lawyer has already deal with these kind of situation. that is why i am into this. The link which you have above is old as well. and When you file 140 or 485 you absolute do not have to send any of your tax related document. Also i have friends who owns a business in H1 and share the profit after receiving tax document in their name from IRS and includes them in tax return legally. And they have received GC with no trouble. how is that possible ? H1 should not hold more than one W2. that is very true. I will let you guys know once my 140 gets approved. and already has been filed as premium processing. hopefully some more days.
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stateofnepal
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Posted on 02-25-16 2:15
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Yekku/Sajhamitra, Thanks for sharing very informative input/experiences!! I wish very Good Luck for your 140 approval, Yekku. I think your points make sense. Really hope it gets approved.
Last edited: 25-Feb-16 03:04 PM
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collegefootballrocks
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Posted on 02-25-16 2:51
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As far as I am aware of, H1 belongs to one specific job. If you change a job, you should have another H1 from new job and so on. In that situation, how can a person in X company take another job from say Y company?? Now, if you want to go illegal route, thats upto you. But, strictly speaking and having once discussed with a lawyer, he strongly recommended me not to work anywhere else unless I receive my green card. I am sharing my experience.......
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sajhamitra
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Posted on 02-25-16 3:28
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Yakku, I commented/suggested what law/lawyer suggested in legal way. If you want to go with any other route then it's totally up to you. Good luck
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Yekku
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Posted on 02-25-16 5:07
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Sajhamitra, I know you are in legal path and as per my lawyer, he said that, it is true illegal but USCIS do not have access to IRS records, The only tax information USCIS will come to knows is only what you provide them during 485. If USCIS needs any thing they will contact you directly. But there is no need to submit any tax related document. Uscis will check criminal record and your constant job history with your employer who holds your H1 once 140 is approved. If you say USCIS really do check with IRS, they could have rejected/ denied many labor, 140, 485 for those who had worked using SSN during F1 status in Summer time illegally. So i will definitely reply you here once i get my 140 in some more days. Thanks
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Yekku
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Posted on 03-11-16 9:05
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La hai sajha mitra haru. Mero 140 approve bhayara 485 file ni bhaisakyoo with no issue, So you know no need to worry if you do uber with H1. All the best.
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man_ta_mero_nepali
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Posted on 03-11-16 10:47
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How about tax return if uber/lyft isn't your main job? You might get screwed up paying more tax? Wear and tear of your vehicle, and insurance cancellation if you meet some incident while doing uber/lyft are the other possible losses. I would say its better enjoy the off time, or enhance skills rather than being independent contractor.
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sajhamitra
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Posted on 03-11-16 11:22
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Yekku, Congratulation for your freedom! I am sticking with my point that H1b can not legally work outside job. Anyone who wants to do should do in their own risk. I understand there is a lack of communication between USCIS and IRS in terms of tax. By the way, did you also submit your 1099 tax returns along with 140 or 485 forms? Just curious
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Yekku
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Posted on 03-11-16 12:23
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No i didn't submit any tax document and we do not have to send them any tax document to file 140 and 485.
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Yekku
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Posted on 07-18-16 12:19
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Just letting everyone knows that i received GC even though i did uber during H1 period . So no issue occurred during 140 ad 485. Just be happy utilize your extra time and make money. Regards,
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Urstrulymaheshfc
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Posted on 11-15-17 11:04
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Hi yekku Am F1 visa holder on OPT status some of my friends driving lyft with fake SSN and original driver license. If I do the same will it be a problem at the time of Applying H1 will I get traced with my driver ID?? Please do reply . Thank you
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asdfgh
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Posted on 11-15-17 11:51
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Fake ssn and original drivers license may veer more toward a criminal matter than an immigration one. Best to use your own ssn if you absolutely have to do it. The good thing is once you leave the country and return w a new i-94 everything before that is 'forgiven'. H1b doesn't require you to submit previous work history that is not specialty related, but during GC you have to submit previous 5 years of work history.
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