Guru's please help

R

rd007

Registered Users (C)
Hi,

My current status: I applied for a 485, but got laid-off within 3 months (90 days). But still I went and got my iEAD. I didn't have any problems getting iEAD. My question is:

Can I take up another job with another employer?

Can I work as an independent contractor? Before/after 180 days?

Can I take up any job before 180 days? Is there any recommended/safer approach? What are the problems that I could have?

If I were to take a job after 180 days is it necessary for me to notify INS about a job change?

I would really really appreciate your answers.

Thanks
rd007
 
1. Yes
2. You can work thru an employer and your job responsibilites should match your labor job responsibilities.
3. You can take up. Mostly you should not have any problems. Lot of people have changed jobs before 180 days because of layoffs and their attorneys advised them that it is not a problem as long as it is same job responsibilities.
4. Yes. Better.
 
One thing about #3, ideally your 2nd job should be in the same geographical area, same job responsibilities and apprx. the same $$ money.
 
Cool boy/Silly man,

If I work as an independent contractor, I won't have any employer; I would have a client. Do you guys think this would be a issue since there is a difference in the way I would get paid? like there will be no W2 but Form 1099.

Also do you guys think there would be any issues later on if I don't notify INS about the change of job? My understanding is that it is not mandatory to notify INS and its nothing more than a letter, no form or anything. Please let me know your opinion.

Thanks,
rd007
 
I do not think working as an independent contractor is a good idea because of the fact that you are employed by yourselves and your GC petition is based on employment filed by an employer. So if INS asks you about employment verification, I am not sure how you will proceed. Check with your GC attorney and see what they say. If you are finding a client, why can't you find an employer? there will be lot of employers who will be ready to hire you if you can find a client/project. I am not seeing issue with W2 or 1099 but with the employment verification since it is employment based. I am sure you can work as independent contractor on EAD as a second job but I do not feel comfortable to work as independent as a primary job.

Coming to notification, it is up to you. I know lot of friends who were in both situations and did not face any problems. Some did not notify but got their approvals, some notified and got their approvals without RFE, some got delayed after notification. So it is up to you. But if you feel 'better safe than sorry' it is better to notify.
 
I agree with coolboy. Technically, you don't even need to work for your gc sponsorer (Coz it is for prospective employment), but why muddy your case.

I mean look at me, my case is textbook perfect, and today I completed 501 days since I sent my 485 app in, why do you want to confuse an already fucked up department?

Regards 1099, not sure of your reasons, but one good reason to do 1099 could be, Money (tax saving, better margins). Once you get your GC, there will be plenty of that opportunity. Stay under an employer umbrella for now. That employer could be your friend who is a GC holder too :)
 
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