a contractor job

N

NeedPatience

Registered Users (C)
I was laid off 12 months after my RD. Now wondering if I get a contractor job, same category as the original one, am I going to be fine if RFE (employment verificiation) is issued? Or I have to have a permanent job at that time?

Thanks.
 
What do really mean by a contractor job?
Do you mean you will be on 1099? or the job will be less than 40 hours per week.

If you see your Labor, it must have been specified no of hrs per week.

In case of RFE, I think you will have to show a letter stating you are working in the similar category, with similar payscale, with similar no of hours.
 
goastros, thanks for the reply. I am not sure whether I will be on 1099, but I know it will be 40hr/wk, same category. So what you mean is if the contractor job is 40hr/wk, which matches my labor (a pamanent job is 40hr/wk), I will be fine?
 
Working as 1099 (self employed) while 485 pending is grey area. If you are a consultant working as a W2 employee full-time (40 hrs/week) you should be fine if you receive an RFE. Pls consult your lawyer.
 
Check out www.immigration-law.com. This is a quote from their immigration news page.

"
11/28/2003: AC 21 Change of Employer and Narrow Definition of New "Employer"

* Under the AC 21, the I-485 applicant is permitted to take a new "employment" of similar or same occupation classification after 180 days of filing of I-485. What is the definition and scope of "employment?" Recently, USCIS HQ opined that "self-employment" is not considered within the parameter of the terms "employment" in the AC 21. This interpretation opens a host of related questions such as what happens if the new employer is a corporation where the I-485 applicant holds controlling shares or 100% of shares?
"
 
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