Working as independent while I-485 pending

[mballav]

Hello:

I am waiting to get my EAD. My employer tells me that once I get my EAD, he will make me an independent contractor with a contractual relationship with him. So, my employment as a permanent employee will cease to exist.

Is that okay? I mean, will that not impact the 485 processing?

Any clarification will be appreciated.

Thanks,
Manish

 

[gcwaiting007]

Originally posted by mballav
Hello:

I am waiting to get my EAD. My employer tells me that once I get my EAD, he will make me an independent contractor with a contractual relationship with him. So, my employment as a permanent employee will cease to exist.

Is that okay? I mean, will that not impact the 485 processing?

Any clarification will be appreciated.

Thanks,
Manish

Well if your intent is to work for your employer for a reasonable period of time after you get your GC, then I dont think the form of work (whether as an independent or a salaried employee) should really matter. But like JoeF suggested there could be a different interpretation by INS(BCIS). So it is best to consult a lawyer. It is very important to ask the lawyer all your concerns and ask him what precendences does he/she know of and if an RFE arises, will it be possible to give a satisfactory explanation.

Even INS knows that there cannot be "permanent" jobs in the economy. But being the sticklers to rules they are, they expect to see clear intent from your side and your employer's side that you continue to work for your employer for a reasonable time. Your employer, if he will be sponsoring more guys for GC in future, will definitely show that they intend to keep their GC holders in the most economically advantageous form. Similarly, your intent should be to work for your employer in the best possible way to you.

Hope this helps

 

[Abdenour Achab]

Originally posted by mballav
Hello:

I am waiting to get my EAD. My employer tells me that once I get my EAD, he will make me an independent contractor with a contractual relationship with him. So, my employment as a permanent employee will cease to exist.

Is that okay? I mean, will that not impact the 485 processing?

Any clarification will be appreciated.

Thanks,
Manish

Hi Mballav,

You can work for your employer as a contractor on EAD, but if the employer has no intention of taking
you back as an employee, your AOS will be denied in case of an interview or RFE.

The only way out may be to claim AC21 (Portability). And I say maybe, since I am not
sure you can use portability in that case.

The safe thing to do, I believe, is to remain an employee until a few months AFTER your AOS
is approved, while intending to remain employee for life. After that, you can change your mind an
become a contractor.