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i140 incorporate 1099 billing

i140 incorporate 1099 billing

Old Jul 1st 2002, 11:10 pm
  #1  
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Default i140 incorporate 1099 billing

I have passed the 180 day period from the time my change of status i140 was filed, and would like to know if I can incorporate my own company. May I bill as a 1099 contractor, and how would this affect the green card process.

This is an incredibly difficult position to be in, I have lost my job, and the only work I can secure is contract work. I am probably weeks/months away from the green card issue.

Would 1099 billing as an incorporated company jeopardize my green card application.

The company I worked for is prepared to keep me on the books as an employee until the process is completed, only thing is, they will not pay me, and with no permanent jobs coming my way, I am in a pickle.

I have an American friend with his own LLC who is prepared to help me out as an intermediary, passing on what I earn back to my company/employer so that they can keep me on the books, pay me, and submit w2 taxes. He is not in a position to employ me or take over the work permit.

This system is extremely complicated, and I do not want to do anything to derail the permanent residency process.
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Old Jul 2nd 2002, 5:20 am
  #2  
Ingo Pakleppa
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Default Re: i140 incorporate 1099 billing

On Mon, 01 Jul 2002 17:20:08 -0700, AlanDee wrote:

    > I have passed the 180 day period from the time my change of status i140 was filed,
    > and would like to know if I can incorporate my own company. May I bill as a 1099
    > contractor, and how would this affect the green card process.

Unfortunately, the 180 day rule applies to the filing of the I-485, not the I-140.
The I-140 does not give you any benefits at all, and you would probably be out of
status right now (assuming that you were an H-1B).

    > This is an incredibly difficult position to be in, I have lost my job, and the only
    > work I can secure is contract work. I am probably weeks/months away from the green
    > card issue.
    >
    > Would 1099 billing as an incorporated company jeopardize my green card application.
    >
    > The company I worked for is prepared to keep me on the books as an employee until
    > the process is completed, only thing is, they will not pay me, and with no
    > permanent jobs coming my way, I am in a pickle.

Apart from the problem I mentioned above, if they don't pay you roughly in the same
neighborhood as the previous job, you wouldn't qualify for the 180 day rule.

    > I have an American friend with his own LLC who is prepared to help me out as an
    > intermediary, passing on what I earn back to my company/employer so that they can
    > keep me on the books, pay me, and submit w2 taxes. He is not in a position to
    > employ me or take over the work permit.

That sounds like INS would consider it immigration fraud. Of course the IRS would be
happy about getting taxes on money that you don't actually get!

    > This system is extremely complicated, and I do not want to do anything to derail
    > the permanent residency process.

I think you need two things desperately: a new permanent job, and a good attorney to
sort out what has already gone on!

Sorry about the bad news. I really can understand how such a situation can make you
quite desperate!

Ingo
 
Old Jul 3rd 2002, 12:06 am
  #3  
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Default Re: i140 incorporate 1099 billing

Sorry for the misinformation.

It has been 9 months since the I485 was filed, so I should be authorized to work for anyone. I received my Employment authorization card in January, valid to Dec this year.

I am probably only months out from getting the stamp/card and do not want to do anything to jeopardize anything.

The only work I can find is contract work.

I was informed by my previous company that at this stage there should be no problem working as a W2 contractor, and their immigration lawyers who will remain mine, will submit an employment verification to the INS when requested, and it will not matter who I working for when this is done.

If I am working for myself, could this be a problem ?!
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Old Jul 3rd 2002, 7:20 am
  #4  
Ingo Pakleppa
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Default Re: i140 incorporate 1099 billing

On Tue, 02 Jul 2002 21:20:09 -0700, AlanDee wrote:

    > Sorry for the misinformation.
    >
    > It has been 9 months since the I485 was filed, so I should be authorized to work
    > for anyone. I received my Employment authorization card in January, valid to Dec
    > this year.
    >
    > I am probably only months out from getting the stamp/card and do not want to do
    > anything to jeopardize anything.
    >
    > The only work I can find is contract work.
    >
    > I was informed by my previous company that at this stage there should be no problem
    > working as a W2 contractor, and their immigration lawyers who will remain mine,
    > will submit an employment verification to the INS when requested, and it will not
    > matter who I working for when this is done.
    >
    > If I am working for myself, could this be a problem ?!

As long as it is in the same field, probably shouldn't be a problem. INS hasn't
issued regulations that define this yet, though.

Ingo
 
Old Jul 3rd 2002, 6:11 pm
  #5  
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Joined: Jul 2002
Posts: 65
TonyC is an unknown quantity at this point
Default Re: i140 incorporate 1099 billing

Go here,

Super FAQs - answer all your questions.

http://www.usvisanews.com/faq-h1bstatus.html

Tony
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