EAD and 1099

D

dragonking

Registered Users (C)
I had applied for EAD/140/485 for myself and my husband(as a beneficiary). We received the EAD 2 months back.

I am still continuing with my sponsoring employer.

Can my husband take up employment with an employer on 1099? or he should work on W-2 only?
Pls clarify

Thanks
 
I will advice you to wait until you receive I-140 approval before either of you use EAD. Because if god forbid, your I-140 gets rejected, you may become out of status if H4/H1 is expired. You will then have to leave the country to get new H1/H4 stamp.

Once I-140 is approved you can be on W2 or 1099, does not matter.
 
sertra2002 said:
I will advice you to wait until you receive I-140 approval before either of you use EAD. Because if god forbid, your I-140 gets rejected, you may become out of status if H4/H1 is expired. You will then have to leave the country to get new H1/H4 stamp.

Once I-140 is approved you can be on W2 or 1099, does not matter.
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I (the main applicant) am sticking to my company eventhough I have got EAD and waiting for I-140.

Can my husband(who is the additional applicant) work on 1099 using his EAD?

Thanks
 
With EAD you can do any kind of job on any terms. But for GC the main applicant needs a permanent job - no duration or 1099.
HTH
 
I think you are fine, as far as you stick to your employer, your husbend can work on 1099. no prob.............
 
XalanAPI said:
I think you are fine, as far as you stick to your employer, your husbend can work on 1099. no prob.............
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AND primary applicany should maintain H1 status and should NOT use EAD, better your spouse wait till your I-140 gets approved for to be safe but by law he/she can use EAD.
 
dragonking

ginnu said:
AND primary applicany should maintain H1 status and should NOT use EAD, better your spouse wait till your I-140 gets approved for to be safe but by law he/she can use EAD.
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My 140 is approved and both of us have got EAD.

So, my husband(beneficiary) can work using EAD on 1099 or W-2 right?

But I(primary applicant) can use EAD only after 6months of 485 filing and work only on W-2 right? no 1099 for me?

Thanks
 
Anyone who has EAD can use it immediately for any kind of job. But for GC purpose the primary applicant needs 'a' permanent job.
 
sb_tiger is right, you don't need to wait for 6 months after filing 485 to start using your EAD. You can start using an EAD as soon as you receive it. Your husband can work on W-2 or 1099.
 
Permanent JOB for GC processing

I think, Ginnu and SB_tiger are correct. You do need to be on a permanent job
as a principal applicant for your GC to be approved. Thats what atleast my lawyer advised me. But she also said, there are lot of people use EAD and go on contract to hire kind of positions. That gives ample ammunition for USCIS to re evaluate the case.

Whatever you do, consider a lawyer, and review the offer position.

Krao :)
 
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