AC-21 question

waiting_gc_2000

New Member
Hello, All.

I have cleared my I-140 and completed 180 days of pending 485.

I want to chage the company using AC-21..
I spoke to my new employer, he says if i use ac-21 , i have be on W-2 with his company? Is it true?

Do i need to work for him for atleast 6 months after getting GC? is it true?

Guys shed some light..
Thanks.
 
W2..

W2 is a fulltime employment condition. All GC applicants have to be on W2 before they get the GC and a little time after GC. Other type of employment is 1099 wherein you are working as a independent contractor. Its the way your tax return is filed. Don't worry, you already must be on W2 and will remain on W2 for coming many months so agree to what the new employer is saying about this.
 
The employee can be on W2 or 1099. For GC an employee/employer relationship must be there. W2 is better, since it establishes employee/employer relationship. 1099 means you are an independant contractor. I personally know several people who have gotten 485 approved with 1099s.

PS: If you are working on H1B you must be on W-2, if you have EAD you can be on W2 or 1099.
 
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