change to a temp contractor while I-485 is pending

H

HeidiL

Registered Users (C)
Dear members,
In a few days, I¡¦ll pass that 180 days threshold. Fearing that I may be laid off due to the downsizing, I¡¦m looking for a new job. A recruiting company has helped me find some employers. Although I will have a similar job description ( a change from Chemist to Analytical Chemist), it will be just a temporary job.
I will also be the recruiting company¡¦s employee not the employee of the company where I actually work.
My questions: (1) Will I get in trouble later if I leave my current employer and work as a temporary contractor. (2) If I get RFE, who should provide employment letter?
Thank you for your advice.
 
HeidiL:

Since you'll be completing 180 days since you filed your 485 you can take advantage of AC21 and work for another employer. Even if the job is a temp or hourly job that should be fine as long as the new employer is willing to provide you with an employment letter if required by INS. The change you've mentioned appears to be in the same or similar category as the LC job so you should be fine if the job duties are essentially the same.
 
Last edited by a moderator:
W2 is okay -1099 is not

Heidi,
Make sure that you are in W2 category(Employee) and not 1099 Category(Independent Contractor).
AC21 lets you change employers... you cannot be self-employed.
You could get round it by starting your own company..
My advice, sacrifice the 10% that the billing companies take and be an employee of them till you get the 'green' signal from the INS.
Best of Luck.
 
Re: W2 is okay -1099 is not

Originally posted by dusranazar
Heidi,
Make sure that you are in W2 category(Employee) and not 1099 Category(Independent Contractor).
AC21 lets you change employers... you cannot be self-employed.
You could get round it by starting your own company..
My advice, sacrifice the 10% that the billing companies take and be an employee of them till you get the 'green' signal from the INS.
Best of Luck.
Click to expand...

Can you point me to an authoritative site that says that 1099 is not permitted while on EAD? I too used to think that, but I've seen people post the text of their RFE's which states something like 'Submit W2 or 1099'. Notice the word 'or'. Since most people work on W2 they assume that the INS is referring to 1099-INT, etc. while INS may be referring to 1099-MISC. Can anyone throw more light on this please? Thanks.

BTW, just in case you didn't know, even while working on a 1099 an employee-employer relationship could possibly exist. Refer the 20-point IRS rule for 1099.
 
mavishka and dusranazar,
Thank you for your advice. I am feeling much relieved now.
If you know a site where I can learn more about "W2 or 1099" issue, please let me know. Thanks again.
Heidi
 
You must log in or register to reply here.
Top