2011-06-10

美国:Fulltime,1099和W2的区别

Full time means working on annual salary with benefits like vacation, Insurance etc. W2 means working hourly without benefits. Basically Persons will select w2 to make more money but with risk of unpaid bench. EAD does not matter for this. EAD is almost similar to green card in case of working.

Working 40 hours per week for a company generally makes you a full time employee of that company. As a full time employee, you may be entitled to get additional employee benefits such as few weeks of paid vacation, medical insurance, 401K etc. If you are working full time for a company, you will get a W2 at the end of the year that you will use to file your tax returns.

If you want to work like a consultant on hourly basis, you will normally not be considered a full time employee and you do not get employee benefits mentioned above. This type of work is known as "Professional Services" where you will be considered as Independent Contractor and you will be issued 1099 at the end of the year instead of W2.

Tax consequences are very different between a W2 employee and 1099 employee.

If you decide to switch to EAD and give up H or L status, you can work for multiple employees however you want. For instance: you can work full-time as a W2 employee for company A, and then part-time 1099 employee for company B.

I don't think USCIS will care about your jobs when you will renew your EAD. However, at your I-485 final stage, they may issues a RFE where they may want you to show that the GC application job duties are similar to your current job duties.

Working on a 1099 basis actually means that you are working as a true Independent Contractor under the IRS rules. You work on a 1099 basis when you are self employed such as a sole proprietor or as a corporation. Your clients will report the monies they pay you to the IRS on a 1099 form. Your clients will typically contract with you to work on a specific project. You should have a written contract with each client that will outline the work you will perform, the fees an or cost the client will pay, and how the client will pay you. You will forward invoices to the client according to the contract terms.

持工作签证的人不能用1099形式。


http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/16429-what-is-the-diff-between-working-on-w2-vs-full-time-employment-using-ead.html
http://www.residual-rewards.com/w2-vs-1099.html

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