AC21 through hourly W-2 consultant job?

B

bumblebee

Registered Users (C)
I have lost my job, >180 days since I-485/I-140, and I-140 is already approved. RD is Sept. 2002 at VSC, so I'm expecting my case to be looked at sometime at the end of 2003.

Now I have an offer from an IT staffing firm, W-2 hourly basis contracting to a client project. Can this be used for AC21? My contract does not specify end date or client's names, it says "Consultant Employment Agreement".

Anybody have experience with this? Is there a specific wording that should be used for AC21 letter in this case?
 
bumblebee,

I am in the same boat and have the same question. Here is some information I found from Murthy.com:

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Question : Thanks for your great service Murthyji. Can change of job after 180 days be hourly based in similar job, higher salary?

Answer : Yes, there is no problem with an hourly wage or salary. The salary can be higher or lower, as long as it is more than the poverty guideline wage. But the job has to be full time.
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pkq2000
 
So how do you define a "full time" job ?? I mean, if I just work 40 hours a week, does that prove full time? Or is there specific wording on the contract that INS will use to determine the nature of the job?
 
I think that you can't work on W-2 on hourly basis. It's risky because if you work on W-2 basis that means you are self employed which is not OK. You can't work for yourself unless you get GC. I advise you not to take risk
 
Disagree with dsatish

As long as the job is smillar to the job specified in LC, it shouldn't matter if they pay you by hourly salary or yearly salary.

yes you can not work on 1099 that I am agree,


but as long as they give you job on w2 and ready to be your derivative sponsor it shouldn't be problem.

Other thing you don't have to show INS that you are working through this employee to different client and end date of the project.

that case come in to picture when your company is very small and INS has doubt about whether they can pay you salary or not, then that thing come in to picture. but for AC21 you need employment letter and some pay stub.

Consult your lawyer first.

JB
 
Originally posted by bumblebee
So how do you define a "full time" job ?? I mean, if I just work 40 hours a week, does that prove full time?
YES, i think you should find something on DOL website

Or is there specific wording on the contract that INS will use to determine the nature of the job?

I guess you might need to put full time word in to employment letter and any pay stub / w2 form should support that argument
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