I485 pending: work as a contractor?

[saner29]

Hi,

Is it OK from the INS perspective if I leave my employer (that sponsored my green card application) and start working on a contract (as opposed to the full-time)?

It's been more than 2 years since I485 receipt date, but my concern is that INS might request paystubs, W2 and a letter of employment - and all I'm going to have is checks from the company that pays me money on the contract.

Do I understand it correct that I must work full-time in order not to lose my case?

Thanks!

 

[usnycus]

Are you asking about self-emloyment while I-485 is pending?

 

[saner29]

I'm asking about a regular contractor work that is paid with 1099, not W2. I guess INS isn't going to be happy about it even if it's the same kind of job as described in the immigration petition, but I would like to have more opinions...

 

[usnycus]

Someone posted similar thread in "I-140 Issues/ Vermont Service Center I-140" back in Nov 2003.

Check following thread:

http://boards.immigrationportal.com/showthread.php?s=&threadid=105151

 

[atlantabhopali]

Originally posted by saner29
I'm asking about a regular contractor work that is paid with 1099, not W2. I guess INS isn't going to be happy about it even if it's the same kind of job as described in the immigration petition, but I would like to have more opinions...

You need to have a similar fulltime position at the time of RFE/Approval in order to leverage AC-21. You can take up contractor jobs in addition to the fulltime job and/or while you are between jobs but cannot use the contractor job for 485 approval.

goodluck!

-ab

 

[usnycus]

Agree with "atlantabhopali"