Usually, if you are on F1 OPT(Optional practical training) the employer issues a W2. The student then files form 1040 NR along with form 8843.
In your question, the complete facts have not been presented so it is unclear why an employer would issue a 1099-MISC without withholding taxes.
Also, IRS has issued guidance on classification of contractor vs employee which the employer is required to follow.(SS8 FORM)
For now, ensure you include your 1099 MISC in your 1040 NR tax return and pay your taxes.
If possible & are currently working for the same employer, you can request them to void 1099-MISC and issue W2
** Based on our response to a question asked on quora
Posted In: TaxGo Back