1099 on EAD

[chicago_apr01]

Hi,

I am the primary applicant on our GC application. We are on our I-485 stage and have got EADs.

My wife is using her EAD to work. Till now, she was being paid on W-2. But recently, she lost her job. She found another job but the employer is insisting on giving 1099. It it legal to work on a 1099 on a EAD .... remember she is a dependent on the GC application. What other concerns, if any need to be addressed to work on 1099.

regards.

 

[cincy485]

EAD authorises any form of employment

Your wife can work in any profession in any capacity. She can work on 1099 or start her own business. She can work on W-2 or work from home.

EAD authorises her to accept unconditional employment. Checkout the EAD form. She needs SSN though, which she must have had it because she was working before.

The same cannot be said about you currently, because although you have EAD, your 485 application is based on your employment and hence with the AC21 you need to be working the same or similar categroy as you labour certification. You can accept additional part-time employment using EAD, but the basis of your 485 should continue to exist.

In short your wife is fine working on 1099.

Cincy485

 

[jbm]

I am totally agree with cincy485

I am totally agree with cincy485.

Good luck.

JB

Originally posted by chicago_apr01
Hi,

I am the primary applicant on our GC application. We are on our I-485 stage and have got EADs.

My wife is using her EAD to work. Till now, she was being paid on W-2. But recently, she lost her job. She found another job but the employer is insisting on giving 1099. It it legal to work on a 1099 on a EAD .... remember she is a dependent on the GC application. What other concerns, if any need to be addressed to work on 1099.

regards.

 

[sachdev]

Check with your attorney. I do not think it is a problem for your wife to work on 1099.

Regards