AC21 & No Offer letter

[Springflower]

(Please bear with me.. yet another thread on AC21)

I am planning to work for a company (a state government agency) using EAD as a contractual employee/consultant (paid per hr).
I will be on company's payroll but they don't give any offer letter like they do for their permanent employees.

They said, they cannot issue an offer letter for contractual employee/consultant as we work on hourly basis.
(their offer contains the benefits and other state government related rules)


My question: (about AC21)

Is offer letter necessary if I need to inform USCIS or if they request my employment details.

OR

A letter verifying my employment from the employer & proving that it is similar job is sufficient?

I read in other posts that, they submitted a letter verifying employment(similar job) and the offer letter.

As I won't have an offer letter, will that be OK?

I searched other posts in Immigrationvoice website but couldn't find any post which answers my question.
I really appreciate your answer /point to a source where I can find more information about the same.

Thank you

[va_dude]

I see where they dont give an offer letter to a contractor.

But shouldn't someone working as a contractor actually have a "contract" or "purchase order"? There has to be some paperwork indicating that they are paying you for a certain amount and type of work. Maybe that's what you need.

just my 2 cents.

[morchu]

Might be difficult to show it as a "permanent job".

Check the options of being self-employed (or start your own company) with a contract commitment from them. Basically you claim "a permanent self-employment or permanent job at your own company" and legitimacy of it is claimed by "long term contract commitment documents" from state.

[meridiani.planum]

(Please bear with me.. yet another thread on AC21)

I am planning to work for a company (a state government agency) using EAD as a contractual employee/consultant (paid per hr).
I will be on company's payroll but they don't give any offer letter like they do for their permanent employees.

They said, they cannot issue an offer letter for contractual employee/consultant as we work on hourly basis.
(their offer contains the benefits and other state government related rules)


My question: (about AC21)

Is offer letter necessary if I need to inform USCIS or if they request my employment details.

OR

A letter verifying my employment from the employer & proving that it is similar job is sufficient?

I read in other posts that, they submitted a letter verifying employment(similar job) and the offer letter.

As I won't have an offer letter, will that be OK?

I searched other posts in Immigrationvoice website but couldn't find any post which answers my question.
I really appreciate your answer /point to a source where I can find more information about the same.

Thank you

in addition to the same-similar requirement of the new job, it also needs to be a 'permanent' one. I am not sure if this temporary/contract job will qualify for that. Check with an attorney before you take up this offer.
Doing it on the side part-time using your EAD while you are working for someone else fulltime should be ok in this regard. Having only this contract position can be potentially troublesome...

[ind_game]

in addition to the same-similar requirement of the new job, it also needs to be a 'permanent' one. I am not sure if this temporary/contract job will qualify for that. Check with an attorney before you take up this offer.
Doing it on the side part-time using your EAD while you are working for someone else fulltime should be ok in this regard. Having only this contract position can be potentially troublesome...

Here is what AC21 law says

__________________________________________________ ________________________

“(j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE- A petition under subsection (a)(1)(D)for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.”.

(2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A))is amended by adding at the end the following new clause:

“(iv) LONG DELAYED ADJUSTMENT APPLICANTS- A certification made under clause (i) with respect to an individual whose petition is covered by section 204(j) shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.”.
__________________________________________________ ________________________


I am not trying to contradict you. It does not say anything about permanent job or contract job. There are different ways of interpreting this law.

Can anyone shed some light on the permanent and temporary job classifications along with the legality pertaining to AC21?

[ind_game]

Here is what one of the memo says:

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf


Question 3. What is “same or similar” occupational classification for purposes of I-140
portability?
Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or
similar” occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).

[ind_game]

Might be difficult to show it as a "permanent job".

Check the options of being self-employed (or start your own company) with a contract commitment from them. Basically you claim "a permanent self-employment or permanent job at your own company" and legitimacy of it is claimed by "long term contract commitment documents" from state.

if you want to connect contract job to self-employment, be ready with proper documentation as USCIS might look for these. Do we have some case studies that USCIS had RFEd some similar self-employment cases?

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Question 8. Can an alien port to self-employment under INA §204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

[Springflower]

Va_Dude,

I do sign an agreement (which is several pages). But it is not like an offer letter.
It's more of like vendor agreement.

I can get an employment verification letter from my employer saying I am an Empoyee of the company. (That's why my initial question, Do I really need an Offer letter).

[oliTwist]

I hope this employment letter mentioning the


Client
Pay rate
Date of joining
Duration


should suffice while sending the AC21 letter to the INS. I am yet to get qualified advise from my lawyers. Does anyone have any idea, if this will suffice for the AC21?

[ind_game]

I hope this employment letter mentioning the


Client
Pay rate
Date of joining
Duration


should suffice while sending the AC21 letter to the INS. I am yet to get qualified advise from my lawyers. Does anyone have any idea, if this will suffice for the AC21?

We need some guidance from the people who received NOIDs..........here is an excerpt from one of my friends who received NOID for using AC21

Quote"""""""""

Evidence of 204(j) Eligibility

The alien shall submit a letter from the new prospective permanent employer describing the permanent employment. This letter should include the job title, the specific job duties of the position, the position's educational and /or training requirements, the date the employment first began and the wage/salary paid. The letter shall be issued by an officer or executive within the organization who is authorized to confirm permanent job offer.

'''''''''''''''''''Unquote


I can e-mail you the copy that states this sentence after blotting out the names........it would not be until Monday........

different NOIDs can have different wording.........but should be similar............

[ind_game]

Va_Dude,

I do sign an agreement (which is several pages). But it is not like an offer letter.
It's more of like vendor agreement.

I can get an employment verification letter from my employer saying I am an Empoyee of the company. (That's why my initial question, Do I really need an Offer letter).


Employment verification letter would be sufficient with the above posting details...........the tricky part is NOID letter mentions the permanent employment numerous times.....