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View Full Version : On EAD : 1099 or W2


vivache
01-31-2009, 09:58 PM
Was laid off On Oct 31. Got a job on Jan 19th.
I'm working on my EAD .. and need to decide whether to go with 1099 or W2.
1. Can I work on 1099. Or any issues since self employed.
2. Is W2 the better alternative. Or any issues with this option as well.

Thanks.
V

vivache
02-01-2009, 03:09 PM
This is what Murthy has to say.
So I'm guessing it makes sense for the primary holder to get on a W2:

http://www.murthy.com/chatlogs/chat1018_P.html

Chat User : My EAD and I-140 had been approved 1year ago, and I am working with the same company. Am I eligible to work on a 1099 using an EAD?

Attorney Murthy : It is possible to work on the 1099 as an independent contractor for a very limited time, and even that could sometimes pose a risk. We have seen some cases approved and others denied or at least receive an RFE. It depends on the lawyer and if the lawyer will attend the interview and the risks that one is willing to take. Ultimately, when one's GC interview is scheduled, it is safest before then to start working for the GC-sponsoring employer for a few months before the final decision or before the I-485 interview.