Working as indepedent contractor on EAD

[optimystic]

Guys,
I am sure some of the people here have done it. I have been offered to do some indepedent contracting work on 1099.
I am on EAD. Can I work this way? What forms do I need to sign (W-9 / W-8)?

I am also working on W-2 full-time with the company that sponsored my GC.


W-9 mentions that I need to be resident alien(?)
Am I a resident alien now since I gave up my H-1B and now working on EAD?


Appreciate any help/ pointers..

Thanks in advance,
- Optimystic.

 

[sb_tiger]

On EAD you can do whatver you want. You need a FullTime job for GC. Besides you can do one or more P/T or F/T jobs on EAD- W-2/1099.
You are AOS- the definition of resident alien is different in diff. contexts. For filing taxes you area resident alien. For any kind of job EAD is all that matters. I don't know about W-8 or W-9- never heard of them.

HTH

 

[optimystic]

Thanks sb_tiger..
W-9 is Request for Taxpayer identification number and certification form.

Here is whats confusing about it :

Part II
Under penalties of perjury, I certify that:

3. I am a U.S. person (including a U.S. resident alien).

W-8 is Certificate of Foreign Status of Beneficial Owner
for United States Tax Withholding. I don't think I need to fill it.

 

[vidongre]

optimystic

You ARE a US resident alien (as long as you file taxes in the US and live in the US). As you do not have a green card you are not yet a 'Permanent Resident' .

It's 100% safe to work as an independent contractor IF you're NOT a primary applicant for the employment based GC. If you are the primary applicant and receive an RFE for proof of employment, I do not think you can show your status as an independent contractor (or 'Sole entrepreneur').

Your client will ask you to fill Form W-9. It's for the client to report their expenses (the money they'll pay you) to the IRS. It's kinda similar to form W4. All employees fill form W4 and independent contractors or vendor companies are asked to fill form W9 with their Tax ID Number.

HTH

 

[optimystic]

Thanks!
Appreciate your help.