1099 on EAD

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chicago_apr01

Registered Users (C)
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.
 
Yes, she can work on a 1099. An EAD allows the derivative spouse to work in any field/position on a W-2 or 1099. Even the primary applicant could work on a 1099 but in the same category under which the LC was filed.
 
Re: You are wrong, Mavishka!

Originally posted by Girish Rajput
Derivative can work in any capacity.

But primary applicant cannot work on 1099.since that wouldn't be fulltime ,permanent employment as INS sees it.
It would be sort of a contract kind of employment.
As far as i can see it, it has to be W2 for the primary applicant!
Click to expand...

I understand that a 1099 means that you're working as an independent contractor, but if an employee-employer relationship exists (Refer 20 point check-list issued by IRS) then it is construed as a long-term relationship especially when the 1099 worker receives a regular salary. You are right in a sense that a typical independent contractor is not controlled by the employer, but if there is any control of the employer over the employee, most courts would regard it as an employer-employee relationship. I hope you're getting my point.
 
EAD - 1099

The dependent can work on 1099..
I agree with mavishka,.... The 1099 is for a contractor and not an employee...

So make sure the things are done right..
 
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