Full Time & Hourly

N

Naveen111

Registered Users (C)
Hi all,

I filed my 485 in July2002 and I am a full time employee. My company is giving the option of Hourly basis, with no benefits. Are we eligible to opt this? I can make 30-40% more than what I am getting now?

OR

We should be Full time employees till we get our approvals?

Thanks!
Naveen
 
If there is an RFE, can you prove that your hourly employment is still full time (at least 40 hours a week)?
 
No

Nope, My employer will give me as hourly employee only. Even though they give me as full time, it is difficult to prove for Insurance deductions and no.of leave hours which were not shown on the pay check.

Thanks for the response.
 
Naveen

My employer gave me the letter as a full time employee on the company letter. I believe you get a W2 for full time meployment versus a 1099 for hourley employment. Correct me am wrong. Currently he shows the number of hours and the hourley rate on my paycheck. But he pays compay part of taxes himself. What does that mean?? am I working hourley or as a permanent employee. Also I get a W2 (permanent employee) insted of a 1099 (which typically means Hourley).

later.
 
if you are hourly w2 there probably won't be a problem tho your salary may be at face value more that the Labor Cert. I am not so sure about hourly 1099 - I think it is OK.
I am hourly W2 and have been for the last 7 years

George
 
Full time & Hourly Employment

Thanks for your responses.

For sponsoring green card the employer should offer full time permanent employment in the company and full time includes all the benefits including annual,sick leaves, Health & Medical insurance etc., This is what my assumption is and correct me if I am wrong.

Employer can pay you hourly or full-time or 1099 in wages for your services. Here in my case I am full time employee which includes all the benefits etc..

Now I got the option of paying Hourly- He provides me W2 with no benefits. Can I opt this? The reason being One should be full-time permanent employee in order to be eligible for your GC.INS/BCIS may ask whether you are full-time employee and if you say 'YES' ,then it may look for your pay checks and look for your Insurance deductions etc.,

The 1099 is the one where you need to pay your own taxes -which we are not eligible with pending 485's.

Thanks
Naveen
 
I am going to check with my lawyer, but I don't think it make any difference if you pay your own taxes means working on 1099 or employer pay your taxes (W2) as long as uncle SAM getting their money. Actually its better if you opt to pay your own taxes that way you can deduct more at the end of the year when you file.

I think it only makes a difference if you have your own company and employer not paying directly to you but to your company and then you get paid. As far as the benefits are concern BCIS do not care about the benefits as long as company declare you as a full time employee which mean 40 hour a week.

I am on a direct 1099 with I-485 pending and working using EAD and getting paid full rate.

RD 5/14/01
 
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full-time v/s permanent

i just wanted to point out one issue that was diffused. "full-time", for most states, as per dept of labour refers to 40 hrs/week or higher. the difference lies in one being a permanent employee (which normally includes a benefits package, vacation and a longer notice period) v/s temporary or casual worker (no benefits). while i'm not absolutely sure about the requirements for 485, i would think the underlying 140 requirements apply for the primary source of income.
 
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