W2 Vs 1099 Which is better with EAD? Urgent

A

akd_gc

Registered Users (C)
At last I've an offer after 6 months of jobless period. But I am
not sure whether 1099 or W2 is better for INS purpose. I've not
got an RFE yet. My ND is Nov 2001.

On 1099 this company may not give me an employment letter.
But I get more with 1099. Also with W2 I might fall little short
of my LC salary (hourly basis).

Also I will have to move from CA to TX.

So please let me know which is better?.

Thanks
akd_gc
 
As far as I know there should not be much difference in W2 and 1099 but the thing is that you will not be getting employment letter so how come you will you prove to INS that you are an employee of such an such company and more over if you get an RFE for EVL then what you will show ?
I would say get the employment letter and W2 option if $$s difference is not too much.
Talk to your new employer if they can give EVL and paystubs in case if you get an RFE if yes then 1099 + no employment letter is also OK.

Another thing you are moving to TX so you have to take care of your address also so that your case will not get transfer to TSC.

What ever you want to do, do it ASAP since you might be getting RFE at any time soon (I wish you don't).

Talk to some lawyer and decide without any delay.
 
Thank You SM & vipsha.

I talked to my lawyer.
According to her, Even though INS does not care whether you are
on W2 or 1099, it is better to be on W2. It shows that you are
not on a temporary job. [ But I think vipsha's reason is much
better.].
Regarding LC salary, according to my lawyer, INS actually looks
closely at job description. They also will look at salary. But if
the difference is not much, (I've around 6K/year), that might be
OK. Also I'm moving from CA (bay area) to TX (Austin). That might
also justify salary part.

So my current decision is to accept this job with W2. If I get a
letter from INS, I will ask this employer to help me. Looks like
that might be possible.

My lawyer also told me to inform INS about address changes
for 485, EAD besides AR11.

Thanks once again.
akd_gc
 
That's what akd's employer is saying but his employer is not saying clearly that on 1099 you will not be considered as employee. But in other words he is saying the same thing like he will not give employment letter. So whole idea of 1099 falls apart if akd needs to reply RFE at given stage.

What I know about 1099 is that it is used by self employed person, so akd will be treated as free lancer and at the end of year his employer (so called) will give him 1099.

Technically akd will not be considered a employee of that company with 1099 option so no EVL and no paystubs.
 
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