Doing part time job on EAD

T

thevk

Registered Users (C)
Hi All,
My employer filled both 140 and 485 concurrently and got both EAD and AP nine months ago. I got an opportunity to work as a part time in a Texas based company for few hours a week. The employer is ready to give the job on 1090 but not on W2. I think I am not supposed to have another W2 being an employee for another company. My 140 has not been approved yet. I was wondering that whether I can work on 1090 or not. One of my friends told me that the big companies like my current employer will have a clause saying that the employees of the company should not work as part time. I am not really sure that my company has such a clause. I would really appreciate any help or comments on my query.
 
thevk,

Speaking from an immigration perspective, you should have no problems working on 2 jobs - whether on W2 or 1099 - till you maintain your primary sponsoring position.

As far as your employer's policies are concerned - only ur HR deptt can tell you what they are. Yes, many large corporations "strongly encourage" you not to work part-time elsewhere, and require you to report to them if you take up such a part time position. You would also have to think about any non-compete's you may have signed while joining ur employer. Would suggest you talk to your HR abt it before taking a decision, especially as your 140 is not cleared yet. If I were you, I would avoid getting fired and screwing up GC after being so close, for the sake of making some extra bucks!

goodluck!

-ab
 
atlantabhopali,

Thank you very much for your reply. My case is a tricky one. I work for an Indian based company which is 100% subsidiary to US based company but my GC was applied through Indian based company. I am little confused that which HR policies do I need to check? I did not sign any contracts when I moved to US but at the same time I don't remember that what I signed when I joined in India. I have been in this company since last 9 years.
 
My company is very stringent and my immediate boss is very harsh. I don't perfer to talk to them first unless until I don't have any options. Is it possible to incorp a company on my wife's EAD and work for that company? Or Can my wife have 1099 without employer? I heard that my wife should have an employer while she is on EAD. Is this correct? Any comments are really apprecaited.
 
I am assuming u are the primary applicant and ur wife's EAD is based on urs. In that case, ur wife can stay at home, or can work if she wants, wherever she wants, on W2 or 1099, without having a primary employer.

Would still suggest u ensure that ur boss/employer is not pissed off. Even if ur boss is harsh, avoiding the problem is typically not a good solution. With ur 140 still pending, they can screw ur GC chances if they find out later and are even more pissed off at you.

-ab
 
You must log in or register to reply here.
Top