Can I work as a 1099, after 180 days of I485??

[mka2005]

Experts,

I have a questions related to AC21.Please share here.

My I-140 approved long back, and my I-485 pending more than 180 days.
I already used my EAD.

Can I work as a 1099 for a new company?? (After filing AC21)
OR
Can I start my own corp and work for it, asking the new company to pay to my new corp?? (After filing AC21)

Please share your experience and any other related issues to this.

Thanks in advance for your input.
mka

 

[GC_04]

Experts,

I have a questions related to AC21.Please share here.

My I-140 approved long back, and my I-485 pending more than 180 days.
I already used my EAD.

Can I work as a 1099 for a new company?? (After filing AC21)
OR
Can I start my own corp and work for it, asking the new company to pay to my new corp?? (After filing AC21)

Please share your experience and any other related issues to this.

Thanks in advance for your input.
mka

I am also looking for some info on this. I got my I-140 but yet to cross 180 days obstacle. Please share any info you receive.

Thanks
GC

 

[tammy2]

I am also looking for some info on this. I got my I-140 but yet to cross 180 days obstacle. Please share any info you receive.

Thanks
GC

Legally you cannot do that. If they catch you will get immediate denial. There are lot of discussions about this issue. Do a search.

1. For EB GC You should be full time employee. 1099 is not considered as full time employment. It is considered as contracting
2. You cannot work for your own company because that kind of GC will come under investment based category. Some one got approval recently even after doing this that is because officer was not aware of this. There was case in Chicago where the case was directly rejected during an interview.

 

[H1BneedGC]

Legally you cannot do that. If they catch you will get immediate denial. There are lot of discussions about this issue. Do a search.

1. For EB GC You should be full time employee. 1099 is not considered as full time employment. It is considered as contracting
2. You cannot work for your own company because that kind of GC will come under investment based category. Some one got approval recently even after doing this that is because officer was not aware of this. There was case in Chicago where the case was directly rejected during an interview.

tammy,

How about this scenario: If the spouse (derivative applicant on 485) gets EAD...Can this derivative applicant work on 1099??.. The primary applicant is still on H1B. Is there a issue/problem that you see on their 485s?? Pls. comment.

 

[tammy2]

tammy,

How about this scenario: If the spouse (derivative applicant on 485) gets EAD...Can this derivative applicant work on 1099??.. The primary applicant is still on H1B. Is there a issue/problem that you see on their 485s?? Pls. comment.

Sure there is no problem in this case. Derivative spouse can work on 1099 or open up C-corp or S-corp. However derivative will loose H4 status if any.

 

[H1BneedGC]

Sure there is no problem in this case. Derivative spouse can work on 1099 or open up C-corp or S-corp. However derivative will loose H4 status if any.

Tammy2,

Thanks a lot for your response.

 

[Ziri]

Can someone work full time, go to school and work part time on weekend on 1099 in this case

 

[mka2005]

Tammy2,

>>Sure there is no problem in this case. Derivative spouse can work on 1099
>>or open up C-corp or S-corp. However derivative will loose H4 status if any.

If this is OK, then can I work as a full time for the C-corp or S-corp which will be opened by my spouse using AC21 after passing 180 days of 485???

Thanks in advance
mka

 

[fast_gc_seeker]

Sure there is no problem in this case. Derivative spouse can work on 1099 or open up C-corp or S-corp. However derivative will loose H4 status if any.

i believe if primary is not on H1B[has used EAD] then also dependent is no longer on H4.