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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 02-07-2010, 04:07 AM
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Post AC21-Working on W2-Hourly rate-EVL

Dear gurus and attorneys,

I have filed 485 during July Fiasco in Aug 2007.
I changed jobs and took up a full-time job using AC-21 in Oct 2008. The job was in "same or similar" category and I also checked with my attorney.
They helped my prepare and send the AC-21 papers with EVL.

Now I am getting another job offer but it is a long-term contract. However, the company is offering me an hourly rate and they are saying they are ready to give me an EVL but they will mention that I am on hourly rate with them.
They will NOT mention the start and end dates of the project and also that it is a "contract".

They will also not mention on the letter that it is a "permanent" or "full-time" job.

However, they are ready to mention that I will work 40 hours per week.

Please suugest if that is an acceptable form of letter for EVL supporting AC-21

Thanks!
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  #2 (permalink)  
Old 02-07-2010, 09:18 AM
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Mods deleted the threads.

Last edited by ski_dude12; 02-07-2010 at 09:29 AM.
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  #3 (permalink)  
Old 02-07-2010, 05:07 PM
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Originally Posted by jackisback View Post
Dear gurus and attorneys,

I have filed 485 during July Fiasco in Aug 2007.
I changed jobs and took up a full-time job using AC-21 in Oct 2008. The job was in "same or similar" category and I also checked with my attorney.
They helped my prepare and send the AC-21 papers with EVL.

Now I am getting another job offer but it is a long-term contract. However, the company is offering me an hourly rate and they are saying they are ready to give me an EVL but they will mention that I am on hourly rate with them.
They will NOT mention the start and end dates of the project and also that it is a "contract".

They will also not mention on the letter that it is a "permanent" or "full-time" job.

However, they are ready to mention that I will work 40 hours per week.

Please suugest if that is an acceptable form of letter for EVL supporting AC-21

Thanks!
AFAIK, anything which is not a permanent or full-time job will not be acceptable.
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  #4 (permalink)  
Old 02-07-2010, 07:09 PM
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Quote:
Originally Posted by ski_dude12 View Post
Mods deleted the threads.
I was not trying to post multiple threads, but yesterday maybe my internet was slow or IV servers were overloaded - so I was submitting thread and it was showing page not found.
So I hit back and submitted the post again...

I did not realize that it has already got posted..Sorry for the multiple posts
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  #5 (permalink)  
Old 02-07-2010, 07:29 PM
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Quote:
Originally Posted by jackisback View Post
Dear gurus and attorneys,

I have filed 485 during July Fiasco in Aug 2007.
I changed jobs and took up a full-time job using AC-21 in Oct 2008. The job was in "same or similar" category and I also checked with my attorney.
They helped my prepare and send the AC-21 papers with EVL.

Now I am getting another job offer but it is a long-term contract. However, the company is offering me an hourly rate and they are saying they are ready to give me an EVL but they will mention that I am on hourly rate with them.
They will NOT mention the start and end dates of the project and also that it is a "contract".

They will also not mention on the letter that it is a "permanent" or "full-time" job.

However, they are ready to mention that I will work 40 hours per week.

Please suugest if that is an acceptable form of letter for EVL supporting AC-21

Thanks!
A standard EVL for AC21 has some criteria that the IO looks at to fulfill the adjudication criteria which is basically what kind of job you do , your compensation and the prospect of the job ... as long as your employment satisfies that criteria, you must be fine. They re usually felxible about the "similar" job thing like say, you were working on Java and now you work on ASP.net - you are fine as long as your job duties are same/similar.

Do not get confused about permanant job or fulltime job. One can always work for a startup in a permanant role and after a few months the company may not exist whereas one can work in a huge company on a long term role but the job keeps going on forever. So, it is the prospect of job that is important to justify the AC21 criteria.

The above is just my interpretation and opinion, do please consult an attorney for more accuracy.
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  #6 (permalink)  
Old 02-08-2010, 01:40 PM
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Quote:
Originally Posted by jackisback View Post
Dear gurus and attorneys,

I have filed 485 during July Fiasco in Aug 2007.
I changed jobs and took up a full-time job using AC-21 in Oct 2008. The job was in "same or similar" category and I also checked with my attorney.
They helped my prepare and send the AC-21 papers with EVL.

Now I am getting another job offer but it is a long-term contract. However, the company is offering me an hourly rate and they are saying they are ready to give me an EVL but they will mention that I am on hourly rate with them.
They will NOT mention the start and end dates of the project and also that it is a "contract".

They will also not mention on the letter that it is a "permanent" or "full-time" job.

However, they are ready to mention that I will work 40 hours per week.

Please suugest if that is an acceptable form of letter for EVL supporting AC-21

Thanks!
I'm neither a Guru nor an Attorney...but just felt like sharing whatever info I have. I recently got a NOID on my I-485 because my previous employer withdrew the sponsorship. They specifically asked me to provide..and I quote from the document...."You must submit a letter from the new intended permanent employer describing the permanent employment. This letter should include the job title, the specific duties of the position, the position's educational and/or training requirements, the date your employment first began and the offered wage or salary. This letter shall be issued by an officer or an executive within the organization who is authorized to confirm the permanent job offer."

I did have a permanent employment and I sent the letter and seems like they accepted it. If I were you I would stay in the permanent position if I had one. An attorney is your best source of information. You have come too far to risk your GC on a contract job.

Last edited by jayleno; 02-08-2010 at 03:51 PM.
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  #7 (permalink)  
Old 02-08-2010, 02:51 PM
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Post True...but...

Thanks to everyone for giving great advice! You guys are awesome!!!

@jayleno - I know having a permanent job is good.. and I have also been deliberating that I should stay in the permanent job since I have it.
However, I have this fear that in this slow economy where jobs are hard to get - I am getting a job right now. In case my permanent employer lays me off next month, then I might not have this job option.
Again, it is a question of either going on at where you are even though you are not enjoying work, or you take a risk and move on. Though a risk is a risk - it can have a +ve or a -ve outcome. But anyways, thanks for sharing info about ur case
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  #8 (permalink)  
Old 02-09-2010, 07:25 PM
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Default Update

Well....here is an update...My attorney is saying it's ok as long as the letter says full-time and hourly rate instead of annual salary. He says it does not need to say permanent.

And people are telling me it is a W-2 job, which is as good as permanent job. It is not a 1099 or contract job - so I should not worry about that...

Looking at JAYLENO's comments above, I am getting very confused - what exactly does USCIS mean that when they say it is a permanent job?

Any suggestions???
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  #9 (permalink)  
Old 02-09-2010, 08:35 PM
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Quote:
Originally Posted by jackisback View Post
Well....here is an update...My attorney is saying it's ok as long as the letter says full-time and hourly rate instead of annual salary. He says it does not need to say permanent.

And people are telling me it is a W-2 job, which is as good as permanent job. It is not a 1099 or contract job - so I should not worry about that...

Looking at JAYLENO's comments above, I am getting very confused - what exactly does USCIS mean that when they say it is a permanent job?

Any suggestions???
I'm not sure what USCIS has in mind when they say "permanent". I got the NOID in Dec 09. So it is current information.

Just read the USCIS requested information from my previous post again and see they mentioned the word "permanent" 3 times in it. Even my attorney was surprised they worded it that way. Have you mentioned to your attorney about the wording in my post? If you have already discussed it and the attorney is still fine with the hourly job, then I think its totally upto you to make the decision.
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  #10 (permalink)  
Old 02-09-2010, 09:40 PM
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Post What was your response?

What was your response to their request? Did you provide a EVL letter which mentioned the word "permanent" in that?
EVL letters come in all flavors - is there a specific format or words that need to be in the letter?
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  #11 (permalink)  
Old 02-09-2010, 10:22 PM
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Originally Posted by jackisback View Post
What was your response to their request? Did you provide a EVL letter which mentioned the word "permanent" in that?
EVL letters come in all flavors - is there a specific format or words that need to be in the letter?
No. It did not have the word "permanent", but they said the job offer is valid for an indefinite period of time. That and the fact that I was being paid a salary with benifits gives the impression that its a permanent job. Like I said before, we have no idea what would convince an IO.

You said it right....EVLs come in all flavors...so no specific format or words.

This all the information I have regarding this my friend. As you know...there is no right way to do this....just trust your attorney.
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Old 02-09-2010, 10:47 PM
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Well....here is an update...My attorney is saying it's ok as long as the letter says full-time and hourly rate instead of annual salary. He says it does not need to say permanent.
Your attorney is NOT correct. The GC job must be full-time and permanent.

Example: Many H-1B jobs are full-time but they are not permanent jobs. Contract jobs can be full time too.


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Old 02-09-2010, 11:09 PM
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20 CFR 656.3

http://edocket.access.gpo.gov/cfr_20...20cfr656.3.pdf

[From the PDF file]
Employment means:
(1) Permanent, full-time work by an employee for an employer other than oneself. For purposes of this definition, an investor is not an employee. In the event of an audit, the employer must be prepared to document the permanent and full-time nature of the position by furnishing position descriptions and payroll records for the job opportunity involved in the Application for Permanent Employment Certification
.

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Old 02-09-2010, 11:16 PM
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Quote:
Originally Posted by jayleno View Post
...
the fact that I was being paid a salary with benefits gives the impression that its a permanent job. Like I said before, we have no idea what would convince an IO.
....
Totally incorrect.

Salary and Benefits are common for many contract jobs. The job must be classified as permanent.

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  #15 (permalink)  
Old 02-10-2010, 12:52 PM
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Default AC21/Job change

I know we have seen many threads on AC21. While recently checking with my attorney he explained that while changing job AC21 just tells if you are working on similar field .You may file or file when you get RFE..

One can work on W2 contracting as an hourly rate as well. Per USCIS W2 means full time 1099 means contractor so as long as you are on W2 you are good ..

Thanks






Quote:
Originally Posted by chanduv23 View Post
A standard EVL for AC21 has some criteria that the IO looks at to fulfill the adjudication criteria which is basically what kind of job you do , your compensation and the prospect of the job ... as long as your employment satisfies that criteria, you must be fine. They re usually felxible about the "similar" job thing like say, you were working on Java and now you work on ASP.net - you are fine as long as your job duties are same/similar.

Do not get confused about permanant job or fulltime job. One can always work for a startup in a permanant role and after a few months the company may not exist whereas one can work in a huge company on a long term role but the job keeps going on forever. So, it is the prospect of job that is important to justify the AC21 criteria.

The above is just my interpretation and opinion, do please consult an attorney for more accuracy.
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