Company closed - need your inputs

B

bangloreboy

Registered Users (C)
Hi,

My H1B company closed and they have no issues whatsoever on
my GC process. Company president spoke to me at length and
told me I can continue with another company in the current
consulting assignment that I have been handling for last 3 years.

Now is it required for me to be on W-2 with a new company or
I can continue on 1099?

I will have to decide today. Please help me.
 
To the best of my knowledge W2 or 1099 doesn't matter.

Since will be using AC21 you have to prove it same or similar job function. So get the copy of all your LC and I-140 documents.
 
W-2 is safer.

You can transfer your billing to another company which would give you W-2.

You also have the option of joining the company you are contracting at.

Raghu
 
Originally posted by Edison
To the best of my knowledge W2 or 1099 doesn't matter.
Click to expand...
There are some unanswered questions.

If 1099 is OK for GC Why does RFE asks only W2 not the 1099? Any one has got approval by giving 1099 in place of W2 ?

Getting 1099 and employment letter is possible only with desi companies. You will not get such letters from the companies which goes by the book.
 
Last edited by a moderator:
Originally posted by tammy2
There are some unanswered questions.

If 1099 is OK for GC Why does RFE asks only W2 not the 1099? Any one has got approval by giving 1099 in place of W2 ?

Getting 1099 and employment letter is possible only with desi companies. You will not get such letters from the companies which goes by the book.
Click to expand...

1099 is only for contractors/temps and by the very nature of their job they are NOT permanent positions. Since EB GC is only for permanent positions BCIS only cares about W2's not 1099's.
 
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