Can I work with as 1099 employee clause if I am on an H4 visa status?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption