RFE/EAD/W2/1099/Own Company

R

ramavataar

Registered Users (C)
All,

I am trying to look for job on EAD.
To defend any future RFE

1) If I work as W2 contractor is it OK?
2) how about 1099 contractor?
3) how about my wife forming a company she also have EAD and then hiring me as permanent employee, then we can take temp. job?

please suggest friends,

-RAMA
 
It sounds like a chicken and egg problem.

Actually, I have a somewhat similar situation. My spouse is currently in the process of becoming a citizen. He has started a small corp about 6 months ago. Since my I-485 is already in process, I am wondering if I can quit my current company and work for my spouse after 180 days.

Or should I ask my company to recall the I-485 application and file as a spouse of citizen?

Any comment is very much appreciated.
 
ramavataar

Several lawyers have clearly stated about the risks involved in doing such things. The laws clearly states that while anyone can own a company on I-485, they cannot share profits, they cannot sponsor themselves and this includes beneficiaries and dependants. There are several articles written on this at www.murthy.com

Also, when you go for I-485 interview with your own company letter, they would look at the company financial status of two years to find if the company has the ability to pay wages.

A friend of mine who did the same despite my advice is back in India now. The officer at Chicago office did not even take a minute to find out that the company has no prior history. He gave my friend time to submit the corporate tax reports for last 2 years and when he failed, his I-485 was denied. Case closed.

There are lots of people who get smart and suggest these ideas but it won't work in real situations. Lately, there is news that INS is paying lots of attention to these self-owned desi companies in the bay area. It's fast spreading to other INS service centers. So, be safe and look for genuine employement until you get your GC.
 
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