Urgent...Unitednation or others help..

[eppo_varum_enGC]

I am eligible for AC21 job transfer. 485 is pending more than 1 year and 140 is approved. Though my employer is good comapany, they are closing some of their bussiness units. Therefore, now my current job is in jeoperdy..I am looking for other job. The problem for me now is I am not getting fulltime-permanent position in my field.

When I approched some companies (not consulting/ placement agencies) they are willing to provide some contract jobs to be performed in their work site may be for two months. I am getting couple of contract positions. They say it is an "independent contractor" position without any benefit and the salary will be on hourly rate. I am in EAD. No H1B.

When I read AC21 memo, it says one can be self-employed to port the job. Is there any risk invloved in approval of 485, by accepting contract position, as I mentioned above?.

What is the difference between " independant contractor or contract position" and "self employed"? Are they same? In either case, is it necessary to start a bussiness in my name?

Though, it is not a right thread for this question, apprricate if some one thros some light, as it is very urgent issue for me.

 

[when1]

To the best of my knowledge, you can't work as an independant contractor or contract position. You still need a W-2 Form. AC21 portability assumes you will conitinue to work on the similar position and job requirement.

 

[Dallas03096]

Should be an employee and not a contractor

When I read AC21 memo, it says one can be self-employed to port the job. Is there any risk invloved in approval of 485, by accepting contract position, as I mentioned above?.

What is the difference between " independant contractor or contract position" and "self employed"? Are they same? In either case, is it necessary to start a bussiness in my name?

Here is the legal opinion received by me regarding self-employment and AC21:
"As long as the I-140 is approved, the I-485 has been pending for more than 180 days and you are employed in a similar occupation, there should be no impact on your immigration processing. You should be an employee, not a contractor"
So I started a LLC in partnership with my son (who is also on EAD ). My LLC gets the contracts on "Corp to Corp" basis whereas I am an employee of my LLC on W2 in a similar occupation.
But make sure you will be able to generate enough funds through the contracts for your LLC so that your LLC does not face any ability to pay issues (just in case there is any RFE).