1099 Vs W2 while AOS

[march02485info]

All Gurus.

I got an offer to work on 1099 for short term ( 3 months) with Consulting firm and then permanent to Client after 3 months.
1) Will it affect my AOS if i work on 1099 with EAD.
I'm using my EAD from one year and most probably my 485 file will get touched by BCIS sometime April 2004 and I already earned the LC specified amount on W-2 for this year .

2) What would be the % of Taxes that will be paid out for 40/hour
on 1099.

Thanks
485Info

 

[Tasse]

http://www.murthy.com/chat1013.html

Chat User : Can I change my job with EAD to a similar job but the new employment status is W-2 consultant?

Attorney Murthy : A person may switch employers on an EAD, but the new job should not be 1099 as a consultant, but it is okay if it is as a W-2 consultant employee. Sometimes, the CIS has denied the case if at the time of the CIS interview for the GC the person is working on a 1099 instead of a W-2, since the employer is required to show an opening for a full-time job.

 

[srohit]

Originally posted by march02485info
All Gurus.

I got an offer to work on 1099 for short term ( 3 months) with Consulting firm and then permanent to Client after 3 months.
1) Will it affect my AOS if i work on 1099 with EAD.
I'm using my EAD from one year and most probably my 485 file will get touched by BCIS sometime April 2004 and I already earned the LC specified amount on W-2 for this year .

2) What would be the % of Taxes that will be paid out for 40/hour
on 1099.

Thanks
485Info

Hi 485Info,

1. you cannot work under contract or as an statutory employee with EAD.
2. Your tax liability does not depend on 1099 or w2. Your witholdings may. On 1099, your emplyer is required to withold only social security and medicare tax whereas with w2 employer will withold Social Security, medicare, federal, state and possibly SDI/VPDI unless instructed otherwise (for federal and state).

thanks,