Switching Jobs before I-485 Approval

[crazybuddy]

Would like to work on 1099 on hourly basis with a client for more than 40 hrs though a middle man\'s company as I am on my 2nd EAD. My I-485 approval is due any time and my RD and ND falls on Nov 2000. This is just to eliminate my employer\'s commission out of my paycheck. Will I get into problem?

I have filed my GC (all expense is my pocket and I have my own lawyer representing my GC) comes under Nebraska Service Center. I work hourly with my company. I have no bounds with my company and I can walk out any time I want to. But, My 485 approval is on hold, don\'t know when will it get approved, may be tomorrow, a day after tomorrow, next week or next month, who knows ... Now, the new company I intend to start working is in Vermont Service Center.

Here are my plans:

1. Get an offer letter from the new company that I am working on full time salary basis with a job description matching similar or better than I originally applied for Labor Certification. I will working only on houly basis though and keep quiet. Just in case, If I get a RFE from NSC, I can show that I am working for a new company and show the offer letter and paystub(1099). But, my concern is will NSC continue process my 485 or they will transfer my 485 papers to Vermont. This can slow down my 485 approval. Should I have to inform NSC that I have changed my employer who is VSC jurisdiction?

2. Split the total Number of hours of my work between my employer and the middle man (broker) and continue with my 485 in NSC with my original employer. Say, for ex.., get a paycheck for 20 hrs/wk from my employer and continue to be on payroll, even if I get the RFE, I can manage to get a letter from my employer that I am working 40 hrs a week. Because, INS will not know that I am working on hourly and my paystub will not indicate hourly basis, I get quite a decent check even though my monthly paycheck is discounted by 50% from my previous paychecks. And, get a check (1099) for 20 hrs/wk from the middle man based on my EAD. By, doing all these I can save 20hrs/week of commission taken by my employer.

3. Just leave as it is until I get my passport gets stamped and switch over on the minute I get stamped. Don\'t go though any these hassles and pain.

Please send any thoughts about this... Any suggestions would be appreciated

 

[p5nxp600_2]

You have to work a salaried postion (explain inside)

Ok, I just went through this. I was losing my postion where I was contracted at. Through an aquaintance I was going to get an hourly paid position. I consulted my lawyer and was told the postion cannot be hourly and has to be salaried. Even though I was going to get a letter and be able to show paystubs of atleast 40 hours per week.

I was told the postion has to be a full time postion which makes sense, the part that does not make sense is that its hourly pay versus salried making a difference. Offcourse all this only makes a differnce if they RFE for employment verification which very well could happen.

If you can find a company that will contract your out to the person that is going to pay you hourly. From what I understand to break even the company to do a salaried postion would take a hit of about 15%. Since they have to pay unemployment insurance and social security and other taxes.

Offcourse you would do this only if you really did not want to work for your current employer or if by even taking the hit of going through the middle man for the time being you come out ahead.

Just to reiterate my lawyer advised me that the position has to be salaried and I cannot work 1099 basis if and when I get an RFE. This is the opinion of one lawyer but I don\'t have any reason to doubt it.