Dependant working on 1099 using EAD

[helpme140]

Hello,

Me and my spouse have our EAD/AP combo cards. I am the primary GC beneficiary and she is the dependant.

She was working on H1 until now and henceforth plans to work on an hourly basis with another company thereby quitting her current employer.

I understand as she has her EAD she can work for any employer.

My question is can she accept 1099 instead of W2, as the employer would pay by the hour and issue 1099's.

1.) Are there any tax implications using EAD and working for 1099?

2.) Any rules/laws that state EAD holders cannot accept 1099 and have to accept W2 from their employer?

Experts, please take a look and answer.

Apologies, if similar questions have been asked before.

Thanks.

[pontevecchio]

She can do what she proposes.

[helpme140]

Great Thanks Pontevecchio

[helpme140]

Follow up -

Spouse is on H1 with current employer. After resigning, they mentioned they will terminate her H1. I assume it is okay as long as they do not send in a COS from H1 to H4, correct?

[pontevecchio]

Firstly a COS to H4 will be her decision and the company is not involved. Secondly even if she changes to H4 status the H4 status will go if she starts work on EAD and hence this is a groundless worry. A person awaiting AOS is in a period of authorized stay and as long as she uses an EAD for work authorization and AP to travel she will be fine till she gets the GC.

[helpme140]

Thanks again for the quick response Pontevecchio.