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  #1  
Old 01-24-2010, 08:11 PM
suave100 suave100 is offline
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Default Self employed on EAD

I am currently on H1 with ABC Inc. I also have an EAD but not used it yet. I plan to leave ABC Inc. end of this month and exercise my EAD going forward.

I also own a corporation XYZ Inc. I plan to be employed with XYZ Inc. on full-time W2 basis from next month onwards. As of now, I am the sole employee.

1. To the best of my knowledge, this is perfectly legal but please confirm.

2. I understand a person on EAD needs to complete Form I-9. I also understand a self-employed person does not need to complete a Form I-9 on his or her own behalf unless the person is an employee of a business entity, such as a corporation. That being said, I need to complete Form I-9, both the employee and employer section.

3. Alternatively, I can have XYZ Inc. pay me on 1099 basis (in case of which I don't need to complete Form I-9) but my CPA advises that I am better off being employed on W2. What are your thoughts?
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  #2  
Old 01-25-2010, 04:46 PM
kumar1305 kumar1305 is offline
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Did you read the latest memo from USCIS? I do not want to scare you, but make sure that you are out of trouble.
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  #3  
Old 01-26-2010, 09:28 AM
suave100 suave100 is offline
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Default USCIS Newsletter

You mean the USCIS Newsletter? Regardless, I have not read it. Does it say anything specific to my situation? Thanks.
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  #4  
Old 01-26-2010, 11:40 AM
martinvisalaw martinvisalaw is offline
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Based on the recent CIS memo, you are safer using an EAD for self-employment that trying to get a H-1B for this. The memo addressed H-1Bs and proving the employer-employee relationship.
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  #5  
Old 01-26-2010, 01:07 PM
suave100 suave100 is offline
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Default Self employed on EAD

I am *** NOT *** trying to get a H1-B. I would like to use my EAD going forward.

The main question is whether I can you use XYZ Inc (the company that I own) for my own employment on EAD basis. And, any preference as to whether "XYZ employs me on W2" or "XYZ pays me on 1099"

I understand that I can be employed (W2) with another company on EAD basis. I also understand that I can work with another company on 1099 basis and this would be termed as self-employment.
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  #6  
Old 01-26-2010, 03:00 PM
martinvisalaw martinvisalaw is offline
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Quote:
Originally Posted by suave100 View Post
The main question is whether I can you use XYZ Inc (the company that I own) for my own employment on EAD basis. And, any preference as to whether "XYZ employs me on W2" or "XYZ pays me on 1099"
The relationship that you have with the company should not matter for immigration purposes. You should, however, speak with a business lawyer about the best entity for your purpose.

Remember - even if you are self-employed, you must still meet the AC21 portability requirements for your 485 to continue.
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  #7  
Old 01-26-2010, 04:02 PM
suave100 suave100 is offline
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Default Self employed on EAD

Thanks so much for confirming that relationship (& payment arrangement for that matter) that I have with the XYZ Inc (the company that I own) should not matter for immigration purposes.

As regards AC21 portability requirements for my 485 to continue, is that mandatory? As mentioned earlier, I am currently employed on H1 but I plan to use EAD going forward with another employer. And, I am thinking that my 485 shall continue with my current employer and that I don't have to port my Green Card to the future employer?

My current employer is more than willing to cooperate with any USCIS (future employment related) inquiry, down the road.
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  #8  
Old 01-26-2010, 04:18 PM
martinvisalaw martinvisalaw is offline
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Please don't take anything that I say here as formal legal advice. You really need to consult an immigration lawyer for an opinion before making any drastic moves that might jeopardize your status and/or permanent residence.
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  #9  
Old 01-27-2010, 08:19 PM
gcpower1 gcpower1 is offline
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I-140 approved and 485 pending for more then 180 days... you are free... if you are EB3 India forget about anything else just renew EAD and enjoy life.
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  #10  
Old 03-12-2010, 03:32 PM
TheHumanist TheHumanist is offline
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Default

Quote:
Originally Posted by martinvisalaw View Post
The relationship that you have with the company should not matter for immigration purposes. You should, however, speak with a business lawyer about the best entity for your purpose.

Remember - even if you are self-employed, you must still meet the AC21 portability requirements for your 485 to continue.
I have just read through the exchange and I am really glad that I did so. Here is a little variation - Quation as someone close to my family recently scared me and told me that by working on 1099, on my EAD I have immediately put myself out of status. Last year, after being 18 months on EAD when my then H1b sponsor could not find me my next project, I jumped to an opportunity and took up contract assignment (doing same or similar work). I arranged all billiing through my wife's LLC (originally on H4 - but we opened her company once she was on EAD). She had issued me 1099 for 2009 and also has reported her quarterly returns with my contract income as main Inflow. Have we done anything wrong? Please advice. I will be grateful for any input.
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  #11  
Old 03-13-2010, 08:11 AM
suave100 suave100 is offline
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Default

You can be self-employed on EAD although my lawyer suggested that my company (I own) should employ me on W2 and not on 1099. So, I have a client paying my corporation for my services and then I have my corporation pay me a salary on W2.
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  #12  
Old 03-15-2010, 01:22 PM
sajidmd sajidmd is offline
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Quote:
Originally Posted by TheHumanist View Post
I have just read through the exchange and I am really glad that I did so. Here is a little variation - Quation as someone close to my family recently scared me and told me that by working on 1099, on my EAD I have immediately put myself out of status. Last year, after being 18 months on EAD when my then H1b sponsor could not find me my next project, I jumped to an opportunity and took up contract assignment (doing same or similar work). I arranged all billiing through my wife's LLC (originally on H4 - but we opened her company once she was on EAD). She had issued me 1099 for 2009 and also has reported her quarterly returns with my contract income as main Inflow. Have we done anything wrong? Please advice. I will be grateful for any input.
Thanks for sharing. How is your wifes organisation (I guess LLC), is considered for Tax purposes? Is it considered as "Single Member LLC" OR "Corporation" ?
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  #13  
Old 03-15-2010, 01:34 PM
SpookyH1Alien SpookyH1Alien is offline
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Quote:
Originally Posted by suave100 View Post
Thanks so much for confirming that relationship (& payment arrangement for that matter) that I have with the XYZ Inc (the company that I own) should not matter for immigration purposes.

As regards AC21 portability requirements for my 485 to continue, is that mandatory? As mentioned earlier, I am currently employed on H1 but I plan to use EAD going forward with another employer. And, I am thinking that my 485 shall continue with my current employer and that I don't have to port my Green Card to the future employer?

My current employer is more than willing to cooperate with any USCIS (future employment related) inquiry, down the road.
At some point during your 485 processing, you will be asked what is the Job (Offer) that you currently have and if you do, does it satisfy the AC21 requirements? Only a positive answer will continue your 485 processing in the right direction.

So if you continue to have a job/offer from your previous employer, there are no issues. But with the XYZ Corp (that you incidentally own) being your employer, the job has to be "same or similiar" and satisfy AC 21 requirements.

My 2 cents.
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  #14  
Old 03-15-2010, 02:20 PM
suave100 suave100 is offline
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In response to sajidmd's comments - Its not my wife but I own the company and its a C-corporation. Once I get my Green Card, I shall then change it to S-corp.

In response to SpookyH1Alien's comments - My ex-employer ABC is more than willing to cooperate in terms of having a job offer for me. That said, I am not planning to use AC-21 for now although I understand that I technically can; since my current job with XYZ (that I own) is same or similar to my previous job with ABC.
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  #15  
Old 03-16-2010, 10:03 PM
sajidmd sajidmd is offline
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I am sorry... I was referring to situation of TheHumanist ...
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