Can we work as 1099 contractor while 485 is pending

wanna_gc

Registered Users (C)
Hi..

140 pending under EB3 VSC.
485 pending.
FP done..

Can i work on 1099 as it saves taxes to employers as compare to w2?
What possible impact can be..?
Thanks
 
wanna_gc:

IMHO, working on 1099 should be OK since I've seen RFE text read something like 'Please furnish W-2/1099...' which people misinterpret as 1099-INT, et al. Please check with your lawyer. My lawyer said it was OK as long as the job is in the same or similar category as your original LC job.

Is your employer asking you to work on a 1099? Are you currently on a W-2? Though working on a 1099 will save your employer $$ it will add to your tax burden since you'll need to pay IRS the employer's share of FICA (SS & Medicare tax), which is to your disadvantage especially if you have an employer-employee relationship. If you're status is truly that of an independent contractor (see IRS 20-point rule, will post link later) then it's OK to work on 1099.
 
Thanks for valuable feedback.
How to handle RFE asking for paystub ?As on 1099 there r pay checks not pay stubs.
Second how to handle employment letter issue as there is no employer as such when working on 1099.
Thanks
 
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