AC21 to W2 contract position

[RAMLAK]

Hi,

My I140 has been approved 1.5 years before and my 485 is been pending for more than 2 years. I'm working in desi consulting company at the client side. My end-client asking me to join the middle vendor on W2 so that client would renew my contract. The vendor is saying that he would give a offer letter saying it is a temporary position with the start and end date with an hourly rate.

Will INS accepts this kind of offer letter for changing the job using AC21. If not could someone tell me how the offer letter should look like?
Can someone say is it advisable to take this offer?

[RAMLAK]

Could anybody please answer to my question. I have to decide in a couple of days

[kumo]

Hi Ramlak,

there isn't much info you provided. With given info, it looks like you have had this 140 approvd thru this "desiconsulting" co & filed 485 while working for this co. Now venturing to go to diff company to save the existing contract/your job, the new vendor should take you as W2 & offer you FULL time employment (which is a condition for any 140/485) It looks like this middle vendor givin you temporary/hourly, that doesn't satisfy Ac21 even if you join them while waiting for 485 apprval. Surely they will send you RFE later whether you have a current job in same/similar occupations based on the conditions given in the apprvd i140.

Work out with the "desiconsulting" co for different job. Right now your priroity to save your 140/485 file, not the current job/contract.. since your wanted by the end client, best thing is to talk to middle vendor to accept the "desi co" as corp to corp for a small hourly pass thru, that way you can continue to work for desi co, retain your job, satisfy the end client.. "best of all world" thoery.. take care.

[alwyntp]

i think you should explain the vendor about your situation.

You need to explain them that your GC process is the first priority and to maintain that you need an employment letter which indicates they are offering you same/similar position. it should be a fulltime opportunity not a temporary one.

The vendor might agree for this as even they will lose some revenue if the client doesnt extend your contract and there is noway you would be leaving the sponsoring company jeopardizing your GC process.