Eb2 application,employer will give 1099 instead of w2


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Hi,

I currently have an approved i140 from employer A under eb3 filing but I would like to work for employer B as they will file eb2 for me. They will however give me 1099 instead Of w2. I would like to know if it is legal to do that -- their immigration lawyer said it shouldn't be an issue as long as they can prove that they can afford to pay me.

Any help is appreciated.

Thanks.

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please consult a lawyer.

what will be your status while working for company B? do you have EAD work authorization from your previous employer A (not mentioned)?

if you don't have a pending I-485 with EAD, you cannot work for company B without work authorization so you will need H1 from company B or wait until they apply your LC, I-140, and you apply I-485/765 before you can start working for company B.

Originally posted by Otinneed:

Hi,

I currently have an approved i140 from employer A under eb3 filing but I would like to work for employer B as they will file eb2 for me. They will however give me 1099 instead Of w2. I would like to know if it is legal to do that -- their immigration lawyer said it shouldn't be an issue as long as they can prove that they can afford to pay me.

Any help is appreciated.

Thanks.

Link to comment
  • 4 years later...

please consult a lawyer.

what will be your status while working for company B? do you have EAD work authorization from your previous employer A (not mentioned)?

if you don't have a pending I-485 with EAD, you cannot work for company B without work authorization so you will need H1 from company B or wait until they apply your LC, I-140, and you apply I-485/765 before you can start working for company B.

 

 When you have H1 with Employer-A. you cannot get w2 or 1099 from Employer-B. It's NOT legal to take 1099 from employer-B. Don't go in to risks

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