Should concurrent h1b employee be issued 1099 or w2?

Question

We are employers who hired an h1b employee who is starting from Oct 1st 2013. He is on part time
1. Should we issue W2 or 1099
2. Should we pay benefits like SSN, medical insurance? Employee is ready to leave the benefits from his previous employer
3. Are there any other risks I should know of? Will the employee's legal status be affected?

Answer 1

You should ask this question to your company's immigration attorney, they should be able to help you out.