AC21 and Contract-to-hire Position

[nanba]

Hi

Recently, I appeared for an interview and got selected. However, this is a Contract-to-hire position which means that the first 3 months, I have to work as a Contractor to the client through another recruiting company.

I have been reading in the forums that one has to be in a full-time position to invoke AC21. Given my situation, here are my questions:

1. Will I be able to invoke AC21 for the first 3 months where in I will be working as a Contractor through the recruiting agency.
2. Will USCIS slap me with an RFE or a worst case deny or reject my 485 approval.
3. What is the procedure to invoke AC21 under the above circumstances.

I am on EB3 with PD Aug 2002 based in Northern California. I have my EAD which was approved in 2007 and valid till 2010 including AP.

I have been working for this current employer for almost 8 yrs and its frustrating to continue like this for few more years thinking that EB3 might take decades or centuries to get approved. My manager is well aware of my situation and is clearly exploiting me.

Regards
SRK

 

[ginnu]

Hi

Recently, I appeared for an interview and got selected. However, this is a Contract-to-hire position which means that the first 3 months, I have to work as a Contractor to the client through another recruiting company.

I have been reading in the forums that one has to be in a full-time position to invoke AC21. Given my situation, here are my questions:

1. Will I be able to invoke AC21 for the first 3 months where in I will be working as a Contractor through the recruiting agency.
------------------ NO,You can invoke AC21 when you have Permanent job offer. Contract job is not permanent job.
2. Will USCIS slap me with an RFE or a worst case deny or reject my 485 approval.
------------------- If USCIS dont find job offer letter with I-485 and find that you are not woprking with employer who filed I-140- then USCIS can send RFE or NOID.3. What is the procedure to invoke AC21 under the above circumstances.
---------------You need job with same/similar job duties as on your LC and your employer must give you permanent job offer letter with the date you joined, salary, job title and job duties(need to be same/similar) once the employer gives you the job offer letter then you can invoke AC21.

I am on EB3 with PD Aug 2002 based in Northern California. I have my EAD which was approved in 2007 and valid till 2010 including AP.

I have been working for this current employer for almost 8 yrs and its frustrating to continue like this for few more years thinking that EB3 might take decades or centuries to get approved. My manager is well aware of my situation and is clearly exploiting me.

Regards
SRK

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[nanba]

Thanks Ginnu for your response. I have one more question:

The middle-man or the recruiting agency mentioned to me that they would generate my pay on W2. I happened to read in this forum somewhere that W2 means its a full-time position with the recriuting company.

Doesnt' that make me to invoke AC21?

Thanks
SRK

 

[ginnu]

Thanks Ginnu for your response. I have one more question:

The middle-man or the recruiting agency mentioned to me that they would generate my pay on W2. I happened to read in this forum somewhere that W2 means its a full-time position with the recriuting company.
--------------------------Don’t confuse full-time position with Permanent job offer for I-485 approval..
Doesnt' that make me to invoke AC21?
------------------NO, you need same/similar permanent job offer and should be working with same/similar job duties.
Thanks
SRK

Employer must give you permanent job offer letter with the date you joined, salary, job title and job duties(need to be same/similar) once the employer gives you the job offer letter then you can invoke AC21.

 

[nanba]

Procedure for AC21

Hi

Thanks Ginnu for your response. Can I invoke AC21 myself or should I take the help of an attorney?

Thanks
Nanba

 

[nanba]

One more question

Hi

I have one more question on AC21. Say, I invoke AC21 for joining the new employer A however I decide to stay with that employer for ONLY 3 months. After 3 months, I decide to join the same company B to which I was asked to work as a Contractor by A. Questions:

1. Can I invoke AC21 again on behalf of Company B since I am joining fulltime there?
2. Is there any limit on how many times we can invoke AC21?
3. Will any questions be raised by USCIS if I invoke AC21 twice within 3 months period?

Thanks
Nanba

 

[ginnu]

Hi

Thanks Ginnu for your response. Can I invoke AC21 myself or should I take the help of an attorney?
----------------If you know how to send request for AC21 then you can file directly or through any lawyer.
Thanks
Nanba

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[ginnu]

Hi

I have one more question on AC21.
Say, I invoke AC21 for joining the new employer A however I decide to stay with that employer for ONLY 3 months. After 3 months, I decide to join the same company B to which I was asked to work as a Contractor by A. Questions:

1. Can I invoke AC21 again on behalf of Company B since I am joining fulltime there?
-------------------yes. B job offer letter should be with same/similar job duties.
2. Is there any limit on how many times we can invoke AC21?
-----no
3. Will any questions be raised by USCIS if I invoke AC21 twice within 3 months period?
--------------------may be may be not.
Thanks
Nanba

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