Can I work as a 1099, after 180 days of I485??

[mka2005]

Experts,

I have a questions related to AC21.Please share here.

My I-140 approved long back, and my I-485 pending more than 180 days.
I already used my EAD.

Can I work as a 1099 for a new company?? (After filing AC21)
OR
Can I start my own corp and work for it, asking the new company to pay to my new corp?? (After filing AC21)

Please share your experience and any other related issues to this.

Thanks in advance for your input.
mka

[NJOY_SCUBA]

wrong forum for the question..

but the answer is no. You have to be on W-2 as the 485 needs a sponsering employer. The employer can be the GC sponsering employer or an employer willing to continue your sponsership ( AC-21 ).

[pralay]

Originally Posted by mka2005

Can I work as a 1099 for a new company?? (After filing AC21)

Yes, you can work on 1099. However, as GC is for a paremanent position (for future job) you need an offer letter (which basically states that you will be employed as full-time employee upon GC approval). Secondly, your job offer has to be similar to the job specified in LC. Basically it means even though you are working as a non-employee (1099) but your are pursusing your ongoing I-485 in good faith that you are going to join your future employer (the company that is sponsoring your GC after AC21).
But in the end it is always safer to avoid 1099 and become a W2 employee. Being a 1099 can result more scrutiny on your I-485.

Originally Posted by mka2005

Can I start my own corp and work for it, asking the new company to pay to my new corp?? (After filing AC21)

GC is for future employment. You are allowed to do anything you want before I-485 approval. But in the end, you need to join "future employment" as employee.

[NJOY_SCUBA]

The question, I believe was, whether you can use an 1099 for purpose of filing AC-21 NOT if you can work on 1099 during 485 AOS period.

The answer is still no.

Ofcourse you can work on 1099 during 485 AOS. you can work in Mcdonalds frying fries and still get green card if you are show INTENT to join your GC employer (or another employer with similar LC job description) after approval of the Green card.

Originally Posted by pralay

Yes, you can work on 1099. However, as GC is for a paremanent position (for future job) you need an offer letter (which basically states that you will be employed as full-time employee upon GC approval). Secondly, your job offer has to be similar to the job specified in LC. Basically it means even though you are working as a non-employee (1099) but your are pursusing your ongoing I-485 in good faith that you are going to join your future employer (the company that is sponsoring your GC after AC21).
But in the end it is always safer to avoid 1099 and become a W2 employee. Being a 1099 can result more scrutiny on your I-485.



GC is for future employment. You are allowed to do anything you want before I-485 approval. But in the end, you need to join "future employment" as employee.

[dsatish]

Originally Posted by NJOY_SCUBA

The question, I believe was, whether you can use an 1099 for purpose of filing AC-21 NOT if you can work on 1099 during 485 AOS period.

The answer is still no.

Ofcourse you can work on 1099 during 485 AOS. you can work in Mcdonalds frying fries and still get green card if you are show INTENT to join your GC employer (or another employer with similar LC job description) after approval of the Green card.

Wrong. One can work on 1099 in AC21 case (for the new employer) provided he submits a future job offer that does not mention 1099.