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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 06-22-2010, 09:52 PM
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rakeshw is infamous around these parts
Default what in the world is "temp W2"? Why has my new employer denied to file AC21?

I am on EAD for the past 2 years. I recently changed employer and expected the attorney of my new employer to file AC21 for me. But she denied stating that my relationship with the new employer is "Temporary W2".

Now I am in an state of flux. My EAD renewal is due(oct 1st week). If the attorney does not file AC21 for me, how will i notify USCIS of my change? Moreover how will I receive all the correspondence?

What are my options? Shall I get new attorney to represent me? Will the USCIS correspondence always go to my primary employer?

Will the temp W2 affect my GC??

Any light????
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  #2 (permalink)  
Old 06-22-2010, 10:01 PM
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ac21 is to port to a permanent job..it cannot be used to go to a contract position
temp w2 means..you are in a contract job and your company cannot do ac21. you have to look for a full-time job that can give you that letter

as far as ead or ap are concerned..i do not think you need a letter from employer to file these applications..however, in case of a query from uscis... you still have to have a permanent job offer (or be in a permanent job that you will continue in).

my 2 cents
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  #3 (permalink)  
Old 06-22-2010, 10:09 PM
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rakeshw is infamous around these parts
Default

Does that make my type of employment invalid? In that case it wont be good to continue in this job??? what is temp-w2 btw? I did not find much information regarding temp-w2 over the internet? Is it an IRS form or employer specific thing? Practically can an EAD holder work for an employer on temp-w2??? If yes, what happens to the communication between the USCIS and me? If not, why did my current employer file temporary w2 for me?

I need to make the decisions fairly quick. Please help with whatever information you have.

Thanks
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  #4 (permalink)  
Old 06-23-2010, 11:21 AM
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Originally Posted by rakeshw View Post
Does that make my type of employment invalid? In that case it wont be good to continue in this job??? what is temp-w2 btw? I did not find much information regarding temp-w2 over the internet? Is it an IRS form or employer specific thing? Practically can an EAD holder work for an employer on temp-w2??? If yes, what happens to the communication between the USCIS and me? If not, why did my current employer file temporary w2 for me?

I need to make the decisions fairly quick. Please help with whatever information you have.

Thanks
My friend, you are panicking too much unnecessarily.

Answers to your questions:
1. Does that make my type of employment invalid? In that case it wont be good to continue in this job???
Answer: No. Your employment validity depends on various other factors, such as valid job offer, which contains employment and wages terms. I hope you completed formalities such as submitting form I-9 (employment verification form) and W4. It is upto you to continue in the job.

2. what is temp-w2 btw? I did not find much information regarding temp-w2 over the internet? Is it an IRS form or employer specific thing?
Answer: W2 stands for Withholding tax from your wages and remit the same to Governemnt. temp-w2 or CON_W2 is employer terminology and nothing to do with IRS.

3. Practically can an EAD holder work for an employer on temp-w2??? If yes, what happens to the communication between the USCIS and me? If not, why did my current employer file temporary w2 for me?
Answer: Yes. Please clarify why there should be communication between USCIS and you, unless a RFE. Your current employer or their attorney is not obliged to file AC21 for you. If you want to file AC21, you need to engage your own Immigration Attorney.
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  #5 (permalink)  
Old 06-23-2010, 11:23 AM
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Originally Posted by rakeshw View Post
Does that make my type of employment invalid? In that case it wont be good to continue in this job??? what is temp-w2 btw? I did not find much information regarding temp-w2 over the internet? Is it an IRS form or employer specific thing? Practically can an EAD holder work for an employer on temp-w2??? If yes, what happens to the communication between the USCIS and me? If not, why did my current employer file temporary w2 for me?

I need to make the decisions fairly quick. Please help with whatever information you have.

Thanks

There is no real status called Temp W2. But companies to refer to something as such when they want to state that an employee is in a non-permanent position. Your employment is valid with the employer only as long as your statement-of-work with the client is valid. if you are placed by your employer at a client location, and if the project comes to an end, your employment with your employer ends. Some consulting companies normally refer to this position as a Temp W2, this way, they dont have to pay you salary when you are in a non-productive period.
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