Employer Change and Suggestions Please for Independent Consulting

M

MSNSC

New Member
Hi:

I need to know if I am required to inform to BCIS about my Change of employer.

I am trying to change the employer and I am trying to see if there is any expert who can help me in answering some of my queries.

1st Qn) Do we Compulsorily need to inform to BCIS that I am changing the employer. My Current HR has told that neither they are supposed to inform nor I have to inform.

2nd Qn:) Can I do Independent consulting based on my EAD. i.e can I take 1099 from the client by myself.

3rd Qn:) Can I/ my wife start a Corp to have the Payroll run until I get the Green Card.

4th Qn:) Can I approach a small staffing company to have the Payroll run for me if I prefer independent consulting.

I would really appreciate if any of you can answer the above questions to clear my confusion.

Thanks in Advance:

Following are my Dates:

NSC:
----------------------------------
Concurrent I-140&I-485 Filing: July'03.

1st EAD & AP& I-140 Received: Nov'03.
1st FingerPrinting: May'04.

2nd EAD & AP& I-140 Received: Sep '04

Waiting 485 Approval.......
 
Hello MSNSC,
I am in the same boat, (thinking about changing and doing independent consulting through my spouse(corp). From the information, that I have gathered, I think it is safest to join a small company who is sponsering their employees GC. That way, if for any reason INS query come, they will be able to handle it. Also, they would be able to provide financial records and tax returns of the company.

So Plan 4 is the safest route.
I dont think you can do 1099. You have to be a W2 employee until you get GC. Please clarify this with your lawyer.
 
Risks...

Till you get your GC and sometime after GC you need to be employed on W2 with the company that is sponsoring your GC ( or new AC21 company whatsoever). You cannot be on form 1099 since that is not considered a fulltime permament position as a requirement of the GC.

Now till you get your GC and you are on EAD you can do whatever you want, however you should have a standing offer for employment ( full time, permanent) which you will join when you get the GC.

There are no strict rules that USCIS follows , it is something vague like "intent to fraud". For example when you are applying for visitor visa, there is "intent to immigrate" and USCIS uses the term vaguely.

Any 1099 employment thus without a offer of full time permanent position ( W2 based) may be considered risky and falls in intent to fraud category.

Consult a good lawyer if you cannot wait till GC and than decide. Don't just jump in like this based on the forum advices.
 
Thanks Will_GET_THERE & mnl_GCQUEST.

Sorry to reiterate this but when you are saying as full-time permanent, do I need to be all the time a Permanent Employee of a company rather than a consultant.

For ex: Now, I got a project and as per your suggestion I would approach a small company to have my Paystubs issued by giving them some compensation. Is'nt it considered valid employment for GC or is it watched under the eyes of "INTENT OF FRAUD". Please let me know as I want to make a decision on this....

I got a full time offer with less pay but not in the field of my experience which the employer also know and he would train me as such..

I got a project on my own with good pay and in the field of my experience and its a contract-to-hire in 6 months but for the first 6 months they would want me to consider as an independent contractor....

Hence SO MUCH OF CONFUSION.. Please help by giving your valuable suggestions as to what to do????
 
All I would suggest is Play Safe. You have to be a fulltime W2 employee. You cannot do 1099. Secondly your job description has to be same or similar since you will be using AC21. Make sure your job description matches your labor. (Make sure of this before joining). If the company wants you as a contractor for 6 month to hire, then you should be with company ( who runs you payroll and hires you on their w2).

Please consult a lawyer to be on safe side and then take any decision.
 
You must log in or register to reply here.
Top