Can I work with as 1099 employee clause if I am on an H4 visa status?
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Can I work with as 1099 employee clause if I am on an H4 visa status?
I am on H4 spouse visa and I have been offered a job. The employer says they could have me as an independent contractor with 1099 clause until I get my EAD in a few months. Is this legal?
Asked on January 29, 2012 under Immigration Law, California
Answers:
Harun Kazmi / Kazmi and Sakata Attorneys at Law
Answered 12 years ago | Contributor
Hello. You cannot work as an Employee or Independent Contractor on an H4. If you are waiting for an EAD based on an Adjustment of Status, you must wait for that physical card to begin working. You may stay in the US and also go to school on an H4.
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, you are not authorized to work in any capacity while in H-4 status. If you are going to be getting an EAD in a few months, that is when you can start working. If you work before then, unlawfully, it can have serious repercussions for your ability to gain permanent residence in the future.
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