Meeting Title: Brainforge OPT Tax Discussion Date: 2026-03-13 Meeting participants: Kaela Gallagher, Advait Nandakumar Menon, Amber Lin


WEBVTT

1 00:00:25.920 00:00:27.989 Kaela Gallagher: Hey, good morning, how’s it going?

2 00:00:29.110 00:00:31.000 Advait Nandakumar Menon: I’m doing good, how are you?

3 00:00:31.000 00:00:36.230 Kaela Gallagher: Doing well. Thanks for… for taking some time with us this morning.

4 00:00:36.230 00:00:38.460 Advait Nandakumar Menon: No, I appreciate your understanding as well.

5 00:00:38.600 00:00:44.480 Kaela Gallagher: Yeah, I have Amber on too, since obviously she’s our expert here.

6 00:00:45.860 00:00:46.660 Kaela Gallagher: things visually.

7 00:00:46.660 00:00:47.760 Amber Lin: Hello!

8 00:00:47.760 00:00:48.440 Advait Nandakumar Menon: Hey, Emma.

9 00:00:48.640 00:00:55.860 Amber Lin: Nice to see you here. I know it’s very stressful. I was so stressed yesterday and the day before doing taxes, ugh.

10 00:00:56.730 00:00:57.560 Amber Lin: Okay.

11 00:00:58.270 00:01:04.289 Amber Lin: Let’s… let’s dive into it. Alright, any primers I need to know for this meeting? Like…

12 00:01:04.290 00:01:19.260 Kaela Gallagher: Yeah, so, the last conversation and I had was yesterday, afternoon, just kind of going over, like, what you… what you had said. Like, basically, in order to create a case.

13 00:01:19.260 00:01:26.089 Kaela Gallagher: we would need to provide you an I-9, and we can’t provide you an I-9 because I-9s are only for W-2.

14 00:01:26.150 00:01:31.700 Kaela Gallagher: So at this point, I think we’re kind of in a situation where…

15 00:01:33.390 00:01:48.680 Kaela Gallagher: you know, we’re willing to, like, provide everything that we can for the 1099, but unfortunately, like, the W-2 aspect and the I-9 is not something we’d be able to do immediately.

16 00:01:52.640 00:01:57.819 Amber Lin: One sec, let’s create a… let me create a doc, and then we can just…

17 00:01:58.160 00:02:01.750 Amber Lin: right through it as we…

18 00:02:02.070 00:02:09.449 Amber Lin: as we figure it out, can I put it… I’ll put it in, like, hiring and recruiting, and we can organize them.

19 00:02:10.000 00:02:24.219 Amber Lin: Later? But… okay, let me… Create a doc called… Opt slash them OPT.

20 00:02:24.470 00:02:25.750 Amber Lin: Great. Okay.

21 00:02:26.090 00:02:27.180 Kaela Gallagher: Okay, I see it.

22 00:02:27.540 00:02:44.730 Amber Lin: Yeah, alright, so let me share screen, and we can write it out, because I think it just makes more sense to see it in writing. So right now, OPT, SEM, OPT, are you still a non-resident alien? Just… just to…

23 00:02:45.610 00:02:46.670 Advait Nandakumar Menon: Sorry, what’s that?

24 00:02:47.350 00:02:48.440 Amber Lin: Are you considering.

25 00:02:48.440 00:02:52.049 Advait Nandakumar Menon: Yeah, I… for tax purposes, I am non-resident alien, yeah.

26 00:02:52.050 00:02:54.820 Amber Lin: Okay. Whereas isn’t alien.

27 00:02:55.790 00:02:57.710 Amber Lin: Tax purposes.

28 00:02:58.040 00:02:58.710 Amber Lin: Cool.

29 00:02:59.180 00:03:10.400 Amber Lin: I’m also an NRA. Anyways, so for, for people on OPT, Can… do… self…

30 00:03:10.580 00:03:17.170 Amber Lin: Employment, so don’t need I-9, but on STEM, OPT.

31 00:03:17.520 00:03:27.060 Amber Lin: Requirement is… a… Bonafide employer… Employee relationship.

32 00:03:27.540 00:03:33.820 Amber Lin: Which… This is where it gets tricky, which most… Easiest…

33 00:03:35.610 00:03:38.689 Amber Lin: way is to give a W-2.

34 00:03:39.320 00:03:52.849 Amber Lin: Because that is automatically your employee. But, unfortunately, Brainforce doesn’t do that, which sucks, but can’t do that right now, because…

35 00:03:53.860 00:03:58.479 Amber Lin: we… Not able to offer W2.

36 00:03:58.700 00:03:59.900 Amber Lin: Currently.

37 00:04:00.290 00:04:03.730 Amber Lin: would like to… I would like them to.

38 00:04:06.530 00:04:20.700 Amber Lin: But because we can’t offer a W-2, I think, 1099 is not available to non-resident aliens, because this is, like, a U.S. person’s

39 00:04:20.920 00:04:26.840 Amber Lin: form. So… This form is for U.S. persons.

40 00:04:27.310 00:04:36.670 Amber Lin: So this is green card, citizens, and… Resident… aliens.

41 00:04:38.410 00:04:45.119 Amber Lin: So, sorry, I think what you’re trying to prove is this, right?

42 00:04:45.530 00:04:51.310 Amber Lin: this, and to do that, you need a 9… 183.

43 00:04:52.500 00:04:59.460 Amber Lin: and… I think… Something to understand here, this is immigrations.

44 00:04:59.810 00:05:05.939 Amber Lin: This is tax, so this is IRS. So this is gonna be USCIS.

45 00:05:06.960 00:05:18.090 Amber Lin: And… Oops. And USCIS doesn’t check… based on what I’ve been told, they don’t check your tax forms.

46 00:05:18.190 00:05:19.590 Advait Nandakumar Menon: Right.

47 00:05:19.640 00:05:21.939 Amber Lin: Is that what your school told you as well?

48 00:05:22.300 00:05:23.410 Advait Nandakumar Menon: Okay, so…

49 00:05:24.040 00:05:38.039 Advait Nandakumar Menon: So, first of all, I got conflicting information from my DSO, and that’s why I’m meeting them in person next week. So, I got an appointment earliest on Tuesday, so I’m meeting them on Tuesday afternoon. But what my DSO said is.

50 00:05:38.040 00:05:58.030 Advait Nandakumar Menon: aside from the requirement that the company has to be E-Verified, and they’re having to, like, fill out the I-9A3 training plan, the whole point of STEM OPT is for them to create a case for you on the E-Verify portal, and run your eligibility to work for them, basically. That is, you’re authorized to work

51 00:05:58.030 00:06:11.559 Advait Nandakumar Menon: and verify that aspect, and according to them, that’s the whole point of STEM OPT, and for that, like you mentioned, we need an I-9 to do it, and for an I-9, we need to be on W-2, but it’s a 1099 situation here, so…

52 00:06:11.560 00:06:28.410 Advait Nandakumar Menon: What my DSO said is, if your employer and the employee, that is myself, in future, if Homeland Security or USCIS is coming and asking for proof, if you’re able to prove that bona fide employer-employee relationship through other means.

53 00:06:28.410 00:06:32.439 Advait Nandakumar Menon: Then it’s up to you, but yeah, this is what they basically told me, so…

54 00:06:32.820 00:06:34.490 Amber Lin: Yeah.

55 00:06:35.310 00:06:37.560 Advait Nandakumar Menon: I’m curious what your DSO said to you.

56 00:06:37.660 00:06:39.110 Amber Lin: Yeah, so…

57 00:06:39.610 00:06:46.940 Amber Lin: Mine, in this case, they told me they’re not allowed to tell me, like, hey, you can be on 1099, right? Because that’s…

58 00:06:46.940 00:06:48.039 Advait Nandakumar Menon: That’s the same, like.

59 00:06:48.040 00:06:57.260 Amber Lin: that’s officially breaking the law. They’re allowed to tell me, however, that USCS doesn’t look at IRS tax forms.

60 00:06:57.260 00:06:58.520 Advait Nandakumar Menon: So…

61 00:06:59.560 00:07:13.810 Amber Lin: like, if you have a 1099, which we shouldn’t have, or a W-2, they don’t really look at that. What they look at is, can you prove that you have this relationship, that your employer is,

62 00:07:13.810 00:07:26.489 Amber Lin: the goal… I think my interpretation of what STEMOT’s goal is, is for the training. So, as long as we’re able to prove that, hey, we have the employer-employee relationship.

63 00:07:27.450 00:07:41.139 Amber Lin: and they are providing my training, they’re supervising me, they’re also controlling my work, which is… actually, I can send… sorry, I can send over, like, what it defines… sorry.

64 00:07:41.240 00:07:50.720 Amber Lin: I was reading the Department of Labor’s post, or, like, their documents, and how they define a employer-employee relationship.

65 00:07:50.810 00:08:06.090 Amber Lin: what I will argue, which, granted, please take this with a grain of salt, mine hasn’t been approved yet, so I might… I might get in trouble, but this is what I’m going to argue. I’m gonna say, like, under definitions, it doesn’t matter

66 00:08:06.300 00:08:18.080 Amber Lin: what this contract is called, or how I get paid, or how I get called. My nature of work is completely dependent on the company. I’m completely supervised by the company.

67 00:08:18.400 00:08:29.090 Amber Lin: Like, I’m not engaging in business of my own, I don’t earn my own business, I don’t advertise for it. It’s completely dependent on the company. That’s… I think that’s a…

68 00:08:29.840 00:08:37.289 Amber Lin: Good case to argue that this is, like, a… bonafide relationship. Well,

69 00:08:37.470 00:08:43.330 Amber Lin: like, as I said, mine is not approved yet, so I can’t say for sure I’m okay.

70 00:08:43.330 00:08:50.439 Advait Nandakumar Menon: Yeah, so that’s what I was about to ask next, like, are you approved? Because I think I briefly mentioned my situation, my…

71 00:08:50.440 00:09:05.019 Advait Nandakumar Menon: thing is approved, I have the EAD in hand, I’m on unemployment right now, so with my previous employer, I made them do the E-Verify process, filled out the training form, and they did run a case for me in the E-Verify portal, because I was on W-2 for them, so…

72 00:09:05.040 00:09:15.010 Advait Nandakumar Menon: Yeah, that’s what happened. So, I agree with what you just put out, like, based on my research on the internet as well, it’s a mixed opinion, like.

73 00:09:15.050 00:09:26.209 Advait Nandakumar Menon: this is related to tax, it really shouldn’t matter for the training aspect, which we are fulfilling, and, like, I have a supervisor above me who’s looking after my work and everything.

74 00:09:26.320 00:09:30.959 Advait Nandakumar Menon: So, one thing I would like to argue is, with respect to tax.

75 00:09:31.440 00:09:39.610 Advait Nandakumar Menon: So when you’re filing for tax, that information is… I guess it’s kind of sent to DHS and USAIS, so then doesn’t that become an issue?

76 00:09:40.020 00:09:41.620 Amber Lin: Is this into Jewish fish?

77 00:09:42.410 00:09:46.849 Advait Nandakumar Menon: I think so. They do send it, like, the data is…

78 00:09:47.580 00:09:50.480 Advait Nandakumar Menon: Exchange between both of the entities.

79 00:09:51.270 00:09:58.349 Amber Lin: Well, that’s something we’ll have to figure out, because that impacts me as well.

80 00:09:59.710 00:10:10.640 Advait Nandakumar Menon: And you just mentioned that, you just filed the taxes, and since you mentioned 1099 is for resident and not non-resident alien, I am curious as to how you went about that.

81 00:10:11.350 00:10:21.449 Amber Lin: Yeah, I am still filing that. I ran into major issues because I couldn’t use a 1099, so… and they…

82 00:10:21.580 00:10:32.369 Amber Lin: can’t give me a W-2, so I’m filing a 1042S. If you have worked at school before, I think they would have given you.

83 00:10:32.370 00:10:34.700 Advait Nandakumar Menon: Yeah, I received one of those, yeah.

84 00:10:34.700 00:10:47.359 Amber Lin: Yeah, so part of it is, is going to be, like, tax treaty exempt income, like, depending on your country, could be, like, $5,000, and then the other part,

85 00:10:47.500 00:11:01.979 Amber Lin: I’m calling it Effectively Connected Income. I researched, seems like it defines, like, if I were… I’m on F1, the services I perform is classified under Effectively Connected Income, which…

86 00:11:02.220 00:11:16.029 Amber Lin: I think I can file it on the 1042, because there’s no other form that I can use, or our company can use, to report that income, because we’re non-resident aliens, which is a very small case.

87 00:11:16.130 00:11:23.149 Amber Lin: For… for reporting, because we can’t have W-2, we can’t have 1099, so, like, that’s the only form I can file.

88 00:11:23.730 00:11:28.889 Amber Lin: Ultimately, I can’t guarantee that you’ll be fine, too, because I’m also…

89 00:11:29.050 00:11:29.530 Advait Nandakumar Menon: Yeah.

90 00:11:29.530 00:11:33.050 Amber Lin: I’m also trying to be… make sure that I’m fine, but…

91 00:11:33.190 00:11:44.759 Amber Lin: I think, for IRS, as long as I pay them correctly, they should be okay, because they care about if I pay them correctly, and I will pay them. I’ll probably pay them a little bit more to make sure I’m okay.

92 00:11:47.130 00:11:51.199 Advait Nandakumar Menon: Okay, so… yeah, so that’s the situation, like…

93 00:11:51.500 00:12:02.810 Advait Nandakumar Menon: in the end, my university, kind of, the last message, specifically, Kayla, as you saw, like, they are trying to walk away from it. It depends on me and Brainforge, like, if tomorrow

94 00:12:02.880 00:12:12.740 Advait Nandakumar Menon: DHS or whoever comes to ask and prove the training is happening, it’s up to us. So, that’s all the reason I’m trying to be upfront and transparent about.

95 00:12:12.740 00:12:23.470 Amber Lin: Yeah, I know, I know, that’s, like, that’s always my concern. I was looking into your case, and the more I looked, the more I got stressed about my own case. Okay, I’m sorry.

96 00:12:23.470 00:12:27.079 Advait Nandakumar Menon: go through my mind, maybe Amber is stressing about this as well now, like…

97 00:12:27.080 00:12:27.810 Amber Lin: It’s… it’s.

98 00:12:27.810 00:12:28.160 Advait Nandakumar Menon: Yeah.

99 00:12:28.160 00:12:36.869 Amber Lin: It’s okay, it’s like… because I don’t want to be kicked out of the country, so this is a very valid concern.

100 00:12:36.970 00:12:41.370 Amber Lin: Ultimately, I think I can prove our case,

101 00:12:42.570 00:12:51.350 Amber Lin: like, in terms of the relationship, I believe I can prove it, I have sufficient evidence that can prove it, so when you come on board, I think we’ll…

102 00:12:51.450 00:12:54.649 Amber Lin: make sure we document everything.

103 00:12:55.570 00:13:00.009 Amber Lin: But then, I think for you, the next steps is you will need a…

104 00:13:00.260 00:13:14.529 Amber Lin: the I-983. Like, you will need that immediately, but, like, feel free to write it based on your contract, and then, like, send it for review, we’ll edit it, and then Utem will sign it, and then you can send it.

105 00:13:14.560 00:13:16.520 Advait Nandakumar Menon: Send it to your school.

106 00:13:16.530 00:13:20.500 Amber Lin: In terms of… E-Verify.

107 00:13:20.880 00:13:21.260 Advait Nandakumar Menon: Huh.

108 00:13:21.260 00:13:28.950 Amber Lin: I think your concern of creating a case, etc, is valid, but, I also read, like.

109 00:13:29.790 00:13:39.210 Amber Lin: for previous employees, they don’t have to retroactively create a new case, but for new employees, they need to. But, we’re not, like…

110 00:13:39.510 00:13:42.759 Amber Lin: W2 employees, so I think it’s okay.

111 00:13:42.760 00:13:43.650 Advait Nandakumar Menon: Yeah.

112 00:13:43.650 00:14:03.450 Amber Lin: Yeah, because I was wondering, do we have, like, good standing with E-Verify, because we haven’t filed anybody on E-Verify? But because I don’t think they have needed to for anyone, I think, like, we should be in good standing with E-Verify, if that’s also, like, a concern, which is valid.

113 00:14:03.450 00:14:04.070 Advait Nandakumar Menon: Yep.

114 00:14:04.070 00:14:04.660 Amber Lin: Yep.

115 00:14:04.810 00:14:10.919 Amber Lin: Any… anything else I can help answer? Like, maybe, like, on tax, or on this?

116 00:14:11.250 00:14:29.659 Advait Nandakumar Menon: With respect to tax, I guess I have to worry about next year and not… This year. So, that’s fine. Maybe since you’re also stressed about this, I was discussing with Kayla, it’s a food for thought, just putting it out there, like, staffing firm is another option wherein you’ll be

117 00:14:29.660 00:14:37.679 Advait Nandakumar Menon: working for a staffing firm that is E-verified, you’ll be on their W-2, but essentially, you’ll be working for Brainforge. So…

118 00:14:37.730 00:14:44.539 Advait Nandakumar Menon: Maybe that’s something you might want to look into to make it foolproof and not very.

119 00:14:44.540 00:14:45.260 Amber Lin: about the future.

120 00:14:45.260 00:14:47.370 Advait Nandakumar Menon: here, so… I’ve read…

121 00:14:47.370 00:14:59.969 Amber Lin: that a little bit, and I got concerned, because I thought they said staffing firms that provide talent to hire is not a bona fide employee-employee relationship with the staffing firm.

122 00:15:00.250 00:15:03.210 Amber Lin: But then we’ll be on their, like…

123 00:15:03.920 00:15:09.749 Amber Lin: I think we’ll have to put them as the employer, but then we don’t have a relationship with them, so I… I don’t…

124 00:15:09.750 00:15:10.390 Advait Nandakumar Menon: Yeah.

125 00:15:10.390 00:15:13.879 Amber Lin: I’m scared… about that aspect.

126 00:15:13.880 00:15:32.240 Advait Nandakumar Menon: Okay. With respect to that, I know some of my peers who are working for firms like… I don’t know if you’ve heard of Insight Global, and Tech Systems, and firms like that, but they essentially work on their payroll, but working for a different end client, so that’s how…

127 00:15:32.390 00:15:34.290 Advait Nandakumar Menon: That works out for them, so maybe.

128 00:15:34.290 00:15:34.800 Amber Lin: Yeah.

129 00:15:34.800 00:15:35.370 Advait Nandakumar Menon: Think about.

130 00:15:35.370 00:15:46.369 Amber Lin: Yeah, that, that is… Kayla, do you know… like, I don’t understand why we can’t issue a W-2. Like, what is stopping us from issuing a W-2?

131 00:15:47.260 00:15:49.699 Kaela Gallagher: I think that’s the goal for us.

132 00:15:50.170 00:15:52.150 Kaela Gallagher: Eventually. Like.

133 00:15:52.630 00:15:58.450 Kaela Gallagher: Amber, like, yeah, I mean, you’ve already done a year with the company, like, we’re gonna be trying to convert you to W2.

134 00:15:58.840 00:16:00.530 Kaela Gallagher: As soon as possible.

135 00:16:01.100 00:16:03.090 Kaela Gallagher: But it’s just, like, not…

136 00:16:03.320 00:16:09.090 Kaela Gallagher: something that I want to promise right now to evade, because I don’t know, like.

137 00:16:09.310 00:16:16.160 Kaela Gallagher: how long this process is going to take us to convert people and, like, provide benefits. That’s something that I’m working on, but.

138 00:16:16.160 00:16:17.450 Amber Lin: Yeah, I see.

139 00:16:18.210 00:16:20.080 Kaela Gallagher: It’s a little bit complicated.

140 00:16:21.680 00:16:35.779 Amber Lin: I see. Yeah, ultimately, I think this is fine. The situation seemed to be okay. I was so stressed the last two days, but I think we’re fine. Other than that…

141 00:16:38.330 00:16:46.820 Amber Lin: I know you’re meeting with your school on Tuesday, but I think it’ll be helpful if you start writing your I-9A3.

142 00:16:47.560 00:16:54.739 Amber Lin: Yeah, so that would be… I think that will speed up the process so your school can approve if they say, like, yes.

143 00:16:54.740 00:16:55.359 Advait Nandakumar Menon: Yeah, yeah.

144 00:16:55.360 00:16:56.110 Amber Lin: Yeah.

145 00:16:57.060 00:17:15.319 Advait Nandakumar Menon: So, ultimately, I don’t think they’ll say no, because in the end, they said, like, if you and the employer can prove it in the end, then we will happily approve it, is what they said. So, I just want to clear the air out by meeting in person one time, because there… there was conflicting emails and calls happening.

146 00:17:15.319 00:17:16.999 Amber Lin: So, yeah, makes sense.

147 00:17:17.000 00:17:27.629 Kaela Gallagher: Makes sense. Would you be most comfortable with starting on, like, Wednesday, for example? Like, after you have that conversation with them?

148 00:17:27.630 00:17:29.719 Advait Nandakumar Menon: Yeah, yeah, that sounds good.

149 00:17:29.720 00:17:44.460 Kaela Gallagher: Okay. Yeah, we’ll target Wednesday, as a start date for now. I’ll let Utam know of the update there. And then let’s plan on connecting on Tuesday. What time is your call with your.

150 00:17:44.460 00:17:49.819 Advait Nandakumar Menon: It’s around 1 in the afternoon. 1PM EST is when I’m meeting them.

151 00:17:49.820 00:17:59.269 Kaela Gallagher: EST. Okay. Okay. Let’s plan on connecting at, like, 4pm EST. I have a gap in my calendar, so I’m gonna…

152 00:17:59.590 00:18:03.979 Kaela Gallagher: Add some time for me to give you a ring, just see how that went, okay?

153 00:18:03.980 00:18:04.650 Advait Nandakumar Menon: Yep.

154 00:18:04.650 00:18:06.120 Kaela Gallagher: Okay, perfect.

155 00:18:06.440 00:18:13.349 Kaela Gallagher: Alright. Anything else you need from us? Any other questions, or anything we can help with?

156 00:18:13.350 00:18:20.970 Advait Nandakumar Menon: I don’t think so. I think, the updated contract, you can send it to me, and, you can also take that forward.

157 00:18:21.130 00:18:27.539 Advait Nandakumar Menon: Yeah, apart from that, nothing much really, and again, Amber, I’m really sorry, like, you might be stressed about this as well.

158 00:18:28.630 00:18:30.389 Advait Nandakumar Menon: It’s good to know, at least there’s.

159 00:18:30.390 00:18:36.029 Amber Lin: It’s good to know, it’s good to know. Like, I appreciate having someone that’s in the same situation.

160 00:18:36.030 00:18:37.460 Advait Nandakumar Menon: Same here, same here.

161 00:18:38.690 00:18:40.740 Kaela Gallagher: Yeah, that’s it for me.

162 00:18:41.540 00:18:48.810 Kaela Gallagher: Awesome, awesome. Okay, and then in terms of the contract, is that something you want to have in front of you?

163 00:18:49.120 00:18:53.090 Kaela Gallagher: Ahead of your call on Tuesday with your school, like, we could send that over now?

164 00:18:53.510 00:18:57.710 Advait Nandakumar Menon: Yeah, sure, if that’s something that’s good for you as well, yeah, that’s.

165 00:18:57.710 00:19:03.859 Kaela Gallagher: Okay. Okay, cool. I’ll have… I’ll have Rico work on that, and did he send you the offer letter yet?

166 00:19:04.260 00:19:04.890 Kaela Gallagher: Okay.

167 00:19:05.050 00:19:05.860 Advait Nandakumar Menon: Okay.

168 00:19:05.860 00:19:07.540 Kaela Gallagher: So I’ll have him send both of those over.

169 00:19:07.540 00:19:07.870 Advait Nandakumar Menon: Okay.

170 00:19:07.870 00:19:21.090 Amber Lin: Okay, cool. I sent something in the chat, I think that will be helpful if they want to talk about, is this really a relation, like, employer-employee relationship? This is mostly just, like.

171 00:19:21.290 00:19:25.710 Amber Lin: the Department of Labor definition of, is this person a…

172 00:19:26.190 00:19:30.060 Amber Lin: employee. So, like, if that’s helpful.

173 00:19:31.270 00:19:34.050 Amber Lin: Like, you can show them this as well.

174 00:19:34.560 00:19:35.750 Advait Nandakumar Menon: Yeah, thanks for that.

175 00:19:35.750 00:19:38.849 Amber Lin: Cool, of course. Thank you. I hope all goes well.

176 00:19:39.160 00:19:39.700 Advait Nandakumar Menon: Yep, I hope.

177 00:19:39.700 00:19:40.470 Kaela Gallagher: Alrighty.

178 00:19:40.720 00:19:41.240 Advait Nandakumar Menon: Thank you, guys.

179 00:19:41.240 00:19:42.800 Kaela Gallagher: Thanks, guys. Bye.