I-485 files in Dec 01, lost job in Feb 03... Need help

F

fira

Registered Users (C)
My I-485 was filed in Dec 01. I lost job in Feb 03, when i had a medical issue and was already on short-term disability. My short-term disability continued until June 03 and cannot be continued after that (it was for max of 26 weeks only).

I am not working since june 03. As I know that I need to have an employer in order to get GC with any problem. I am getting a job on 1099, rather than W2. Before I was on W2.

1) is it ok to work on 1099 at this time?
2) should I have the same salary as in Labor or a less saslary will be ok too?

Please help!
 
I think it is better for you to find desi consultancy have him get corp-corp agreement. So that you can on this pay roll. Lot of american consulting do this.

Advantages

You will be on payroll
Can get employment letter stating about your permanent position and continued interest on you.

as long as salary is concern, I have seen lot of cases approved without any problem
 
yes, a desi company is ready to put me on payroll, but offering 1099, rather than W2. Is it a problem?

Also, What if i don't work as I have a 5 months old baby too? In which possible ways it can hurt my green card?
 
The desi employer is ready to put me on payroll on 1099. My lawyer is insisting that i need to be on W2 in order to show that I am full-time employee.

Do you think that to be a GC-sponsoring company, company needs to give me W2?

(I always thought that i can get 1099 and same company can still sponsor me for GC)
 
1099 is for contracting job or self-employed.

For Employment based GC, you need a employer offering a permanent job which means it needs to be W2.
Logically, GC is for future employment, hence it should be ok, even if you don't work, but maintain status. But practically, it doesot seem to work that way most of the time.
 
check the ac21 thread for todays approval

he/she had worked on 1099 and had changed jobs. the fficer compared duties during interview and approved and stamped pp.
 
fira, I think you can expedite your process based on medical conditions since you were on disability.

To be on the safe side try to be on W-2. There are a lot of desi employers who can do this by taking a very small cut.
 
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