Using EAD to work during vacation time

A

Austin_Boy

Registered Users (C)
Hello Friends,

This is my situation:

My 180 days will be over on Feb 28 2003. I am taking a month paid vacation from my current employer ABC beginning Jan 1st 2003.

I am planning to work on 1099 or W2 for a different employer XYZ as a contractor during the month of January using my EAD?

I will go back and work for employer ABC for the month of february 2003 and will leave them on Feb 28(180 days over) and start as a permenant employee for employer XYZ from March 1st 2003. Employer XYZ is ok with me taking time off the whole month of february.

Questions:

1. Is it legal to work for employer XYZ for the month of january using my EAD as a contractor?(I still have a regular employement with company ABC and paychecks for the whole month of January)

2. Is W2 or 1099 a better option or doesn't matter? My concern is since I will have two paychecks for the Month of January..

I would appreciate it if someone could answer atleast part of these questions:

thanks
 
Once U use EAD, keep using EAD.
1. As long as you use EAD with ABC, you are fine. All you need is to maintain the primary job for some more time-(the job similar to the one described in the LC and I140). You can work the rest of the 24 hours in a coal mine if you want and INS does not care.

2. U can get 2 W-2s. However to be strictly legal the job closer to the definition of LC/I140 better be a W-2, unless the LC talks about 1099.
 
Thanks for the reply, Jaxen..

In the answer for question 1 - Did you really mean XYZ(future company instead of ABC(present company). The reason why I asked this is because obviously I started on a H-1 visa with company ABC which is valid till Sep 2003.

Both jobs are completely similar to the one described in LC and 140.

thanks
 
To work with XYZ you will have to use EAD anyway. But once you start to use EAD, you have to use EAD with all other companies...
My answer was ABC.
 
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