Folks - I was working until Dec 2009 on EAD with my sponsoring employer. I worked on EAD with my sponsor since 1 year now, until Dec 2009. (Didn't renew the H1B). Now since Jan 2010 I am not working with my current sponsor anymore and in a way working for this startup directly on 1099 with same and similar position as mentioned on my GC Labor.
My question is, does one need to be employed when they come back on AP? Isn't your I-485 for future employment? Since I am not H1-B dependent, couldn't one be without work for couple of months?
Anyone with any suggestions, or experience like me and used AP to enter lately? Please advise.
Thank you
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to wikiuser:
I dont think what you are doing is right... I may be wrong in that and I dont mean to scare you. But plz get it clarified with a attorney to be more confident.
The basis for my above statement is:
You didnot renew H1b, so you are already on AOS when you started using EAD. When you change employer, I assume you planned to invoke AC21 ... In the event of USCIS questioning to prove employment -- Abondoned A (your former employer) who no longer will be the sponsor of this case.
And B-- with whom you are working now cannot claim that he intends to support you through the immi process and that he plans to employ on a permanent basis (that does not neccessarily mean for EVER) once the GC is approved. That is because your relation is 1099 and that is like free lancing. Isn't it?
Let me know if I am wrong in my statement. I am definitely interested in knowing more.....
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to rp485:
rp485 - The "B" the new employer is ready to sponsor/support my GC. Only thing its a startup and they are in process of getting their payroll setup and hence the 1099 for time being. I am taking a letter from him that I am emplyed by him since couple of months and would continue down the road. Also if I understand, does one really need to be employed when dependent on EAD and AP and pending I-485? As per the rule I understand that once your I-485 is getting finalized or adjucated by IO, then you need to have a job offer in the field for which your GC labor was approved for. But that I-485 getting adjucated won't happen for atleast 2 yeats from now. In that case why does it matter if one has a job or not with pending I-485. Isn't GC suppose to be for future employment and not present? I understand it would have been different if I was on H1B, because one cannot sit on 'bench' on H1B.
Experts please advise.
Thank you and awaiting....
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to wikiuser:
Its not a black & white scenario. So you can always argue for either side.
For instance you are on AOS, and since your GC processing is for future employment (profered position) then the relevance of current employer and currently performed duties will bear no significance in the whole picture. For instance one can say I have this skill set, and corp 'X' has offered employment and I will work for them once I get my GC so plz process my GC. But till then since I am very passionate about this different line of work and want to pursue different set of career objectives. There is no drawing the line for it.
So sometimes it can work against too.
Now, this start up where you are working has offered full time employment for you, you said. I ownly contested the 1099 idea, as it is for Corp-Corp or free lancing services.
Again one can always align the facts and present them appropriately to plead a case. So IMO, it is truly subjective.
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