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 MurthyDotCom » MurthyForum » Family & Employment-Based Green Card : General » Independent consultant immediately after green card approval

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AuthorTopic:   Independent consultant immediately after green card approval
donyan
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This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 06, 2009 01:17 PM Click Here to See the Profile for donyan   Reply With QuoteEdit or Delete Message
I recently got my green card and started looking for contracting opportunities. I currently do not have any intention of leaving my employer. I got an offer from a company which does corp to corp only in cases where the corporation belongs to an Independent consultant. The arrangement is that I open a new Independent corporation and the billing amount will be handed to my corporation. I will then pass on the 20% of that amount to my employer's company.
Now will this amount to staying with my employer? Clearly my intention is to continue with my employer. However, in this case I think I may not be his employee but he will still benefit from my services. Will such an arrangement cause me problems during my Citizenship?

Posts: 3 | Registered: November 06, 2009
donyan
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This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 11, 2009 02:46 PM Click Here to See the Profile for donyan   Reply With QuoteEdit or Delete Message
Re : Independent consultant immediately after green card approval

Ok. I spoke to my attorney.
If I form an independent corporation, then the employer-employee relation ceases to exist. So there is no point passing on the 20%. I was given three options
1) Continue with my employer on another project
2) Terminate the employement
3) Work part time with my employer and also form an independent corporation.

Posts: 3 | Registered: November 06, 2009
JoeF
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This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 11, 2009 11:04 PM Click Here to See the Profile for JoeF   Reply With QuoteEdit or Delete Message
Terminating the employment so soon after getting the GC is going to look very bad, since the suspicion would be that this was already planned before GC approval, which would be a big no-no.
Similar with part-time employment.
See http://www.murthy.com/485faq.html#13

Posts: 23656 | Registered: January 07, 2004
donyan
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This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted November 13, 2009 03:07 PM Click Here to See the Profile for donyan   Reply With QuoteEdit or Delete Message
The faq link mentions nothing about part time employment. Not sure why would it raise any suspicion. Even if it does; one is still playing by the rules. The intent of continuing with the current employer as an employee is clearly demonstrated.

Posts: 3 | Registered: November 06, 2009

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