Can a GC-EAD holder work on 1099 full time using AC21 if job is in same or similar category while I-485 is pending for more than 180 days.
Agency is ready to provide EVL if RFE comes but prefers that candidate work on 1099.
You are to be employed to avail of AC21. There may be other options. To consider, work with an attorney.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
This will be dependent on your specific case details, but as long as the job is in the same or similar category and the I-485 has been pending for 180 days then you should be able to transfer positions.
If you are working you should be able to take advantage of AC21 rule. It is always better to schedule a confidential consultation with a competent immigration attorney.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
The immigration attorney for your prospective employer is in the best position to properly assess your case and determine if you can properly access the benefits of AC21.
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