1099

[britcan]

So with all of the experiences on the forum now with renewals- does anyone know if the US immigraton folk are looking unfavorably at 1099? After all, you are still creating jobs for USC...

[Susie]

Not sure on this one, as far as I am aware they count W 2 people for sure

[peter gold]

A 1099 is not an employee whilst a W2 is so I think the answer will be NO

[McSporran]

I cant speak for any other cases - but I counted our 1099's and W-2 employees at our renewal, and they talked about BOTH...so whilst W-2 (IMHO) are stronger - they certainly didnt discount the 1099'ers in our case.

[peter gold]

McSporran you had W2 employees as well as 1099 sub contractors
1099 are subs and as such are not classified as an employee.
Yes they will be considered but I doubt if they stand alone they will count for anything.

[chris]

Britcan,
"are still creating jobs for USC"
Check out US Employment law regarding discrimination before you start going down that road. Jobs should be open for any person legally allowed to work in the US. That is more than USC's. Once again, it's the urban myth bit creeping in again.

[peter gold]

Chris
IMHO The message you are preaching is not what is being practised and it will not help people to follow it.
So far everyone I know or have read about and that must be over 50 cases have had problems unless they have at least one W2 salaried employee.
Maybe a few part timers and a full timer, but anyone who has no employees upon initial application and renewal is in for a tough time at London.

[britcan]

Ah well, we shall see- we will be renewing through Toronto anyway, and if they don't like it, then we will go back to Canada...hopefully selling the business and taking the $ back with us...

[peter gold]

I have no knoledge of Canada so would wish you luck and like to know the ful details of the outcome.
Do you have any employees paid on W-2?

[chris]

Chris
IMHO The message you are preaching is not what is being practised and it will not help people to follow it.
So far everyone I know or have read about and that must be over 50 cases have had problems unless they have at least one W2 salaried employee.
Maybe a few part timers and a full timer, but anyone who has no employees upon initial application and renewal is in for a tough time at London.

Peter,
I wasn't preaching anything. I was merely highlighting the fact that the US has Employment Law which all employers should all be following with regard to employing people, whether for full time or part-time jobs. You cannot hire based simply on the fact that they are a USC, un;less of course they are restricted jobs by virtue of govt.. If people want to blindly follow 'advice' on here, then thats fine by me. If people want to educate themselves to the finer points then they should, as responsible employers ensure that they are au fait with legislation which applies to them, either by finding out themselves or by using a bona fide Employment Attorney.
We countenance on this site against using VC's and recommend using VA's, so why should this area be any different?

[telco]

Some employees prefer to do 1099, and they do their own tax returns etc.. I had 1099's and still do today. Sales staff for instance like 1099's as they may have other income.
I dont disagree W2's look good, but having 1099's as well does not hurt.

[britcan]

I have no knoledge of Canada so would wish you luck and like to know the ful details of the outcome.
Do you have any employees paid on W-2?


Not at the moment- we ony just started in August- the nature of our business(Natinal Handyman franchise) is that we find work for contractors and share the % labor charge with them. We will hopefully be employing a CSR at some point , but for now we are doing things ourselves. % 1099 should be in the region of $150,000 for first year, we will see.

As Canadians(duel citizenship Brits), we went through Toronto as we lived in Ottawa for our E2, they gave us 5 years on a 3 year business plan. The way we feel is that if at renewal they don't like it, then we will just go home to Canada....not jumping through anymore frigging hoops.....not when illegals have more rights than us!!

[Sharon]

Chris
IMHO The message you are preaching is not what is being practised and it will not help people to follow it.
So far everyone I know or have read about and that must be over 50 cases have had problems unless they have at least one W2 salaried employee.
Maybe a few part timers and a full timer, but anyone who has no employees upon initial application and renewal is in for a tough time at London.

Peter,
I wasn't preaching anything. I was merely highlighting the fact that the US has Employment Law which all employers should all be following with regard to employing people, whether for full time or part-time jobs. You cannot hire based simply on the fact that they are a USC, un;less of course they are restricted jobs by virtue of govt.. If people want to blindly follow 'advice' on here, then thats fine by me. If people want to educate themselves to the finer points then they should, as responsible employers ensure that they are au fait with legislation which applies to them, either by finding out themselves or by using a bona fide Employment Attorney.
We countenance on this site against using VC's and recommend using VA's, so why should this area be any different?

so, that means we can employ anyone who is legal to work? If thats the case we can all give jobs to others who are E2 dependents, job sorted, correct?

[chris]

Sharon,
So long as an employer follows US employment legislation, they are not breaking any laws and as far as the State dept is concerned, they have to accept that as a US employer you are abiding by Federal Legislations. There is sod all they can do about that. If the State Dept Official denied any visa because they wanted you or encouraged you to break US Law, they would open a real can of worms and I suspect would be a prime volunteer candidate for the Bagdad Embassy which is short of State Dept staff.
I did post this article about employemnt discrimination last month. Here's the link to the thread again.
http://www.expatsvoice.org/forum/showthread.php?t=4508

[Kriz1]

I have no knoledge of Canada so would wish you luck and like to know the ful details of the outcome.
Do you have any employees paid on W-2?



Its that odd cold place just above us Peter..:p ..nice place to visit...we toured it for a few weeks...lots of Pine trees and miles and miles and miles of empty road....with few loos....:rofl:

We looked at moving there a few times...hubbys company is now from there...hope they never want to move us...I like snow and all...but cabin fever sure gets to you over time...:(

[britcan]

Its that odd cold place just above us Peter..:p ..nice place to visit...we toured it for a few weeks...lots of Pine trees and miles and miles and miles of empty road....with few loos....:rofl:

We looked at moving there a few times...hubbys company is now from there...hope they never want to move us...I like snow and all...but cabin fever sure gets to you over time...:(

Thats a myth... you don't get cabin fever..you can ski, skate, still carry on in the normal day to day stuff like shopping, movies etc..I used to drive on packed ice and snow daily back and for to work, you get used to it..Keeps your heating cost down having snow on the roof in winter..bit like living in insulation..we lived in Ottawa- coldest we experienced was -50C with the windchill. You just wrap up in layers, don't expose any flesh and you are fine..

[Kriz1]

I already have cabin fever..so its no myth to me...cold weather is fine for the young...but everytime I see hubby clearing snow I see a heart attack in the making...I raced sled dogs for years...no stranger to the cold..but just living in MA for a few years told me going south as the years past is a very good idea...:)

[Carl]

For L1 & EB1 they dont recognise 1099s as employment, so they probably don't whether it be officially or unofficially for E2 either.