change of employer is now must

A

abc94536

Registered Users (C)
Friends,

My project is over and its seems to be very difficult to get a project in my area - unless I join another company on EAD. I could have waited few months without project but this retrogression is forcing me to change my employer - can't wait anymore -

Here are my case details -
PD - Feb, 2003
140 /485 - ND Feb, 2004
140 - AD - 8/1/2004
EAD - AD - 7/25/2004
-------------------------------
I wanted to know what all are my alternatives - 1099, W2, Fulltime?

And, what all factors I should keep in mind or be prepared for in case of RFE?

Finally, when do I have to apply for AC21 - if at all?

Thanks in advance!
 
abc94536 said:
Friends,

My project is over and its seems to be very difficult to get a project in my area - unless I join another company on EAD. I could have waited few months without project but this retrogression is forcing me to change my employer - can't wait anymore -

Here are my case details -
PD - Feb, 2003
140 /485 - ND Feb, 2004
140 - AD - 8/1/2004
EAD - AD - 7/25/2004
-------------------------------
I wanted to know what all are my alternatives - 1099, W2, Fulltime?

And, what all factors I should keep in mind or be prepared for in case of RFE?

Finally, when do I have to apply for AC21 - if at all?

Thanks in advance!
Click to expand...



We are "almost" on the same boat.... PD 03/2003 & 140/485 ND 03/2004.... I suggest you wait for your approval.... Did you get your FP yet?
 
I am also in a similar position except I have a project which is coming to an end.

I wanted to know what all are my alternatives - 1099, W2, Fulltime?

Go for a fulltime (W2) position. If you want to go for 1099, the employer should say that he should hire you in W2 after you receive GC (as GC is for a future job). USCIS might or might not question you for 1099 (very dicey)

And, what all factors I should keep in mind or be prepared for in case of RFE?

Apart from replying back to the RFE before the due date, submit the AC21 employment letter along with the supporting letters. See the Sticky in the AC21 forum.

Finally, when do I have to apply for AC21 - if at all?

Some say better to wait for the RFE or NOID (if previous employer revokes ur 140), some have done it before getting the RFE, after getting 2-3 paystubs from the new employer. It's ur choice, man. If u get the NOID, u will get 30 days only to respond.

I'm not a AC21 guru, and these are my views.!!


Thanks in advance![/QUOTE]
 
Even I am in the same boat, just pulling along , and waiting for I-140 approval.
From what I have read so far, it may be possible that, GC may not be affected because you changed the job, before I-140.
My suggestion is to keep looking for a job at the same time, do not leave the current employer voluntarily, as if they tell you to leave, they may not revoke I-140, so you will be safe, so just wait and see what your current employer is saying.

I am also surprised that the new law is not letting us be competitive, but we have to wait till the law changes to make I-140 portable or for I-140 approval.
 
Last edited by a moderator:
abc94536 said:
Friends,

My project is over and its seems to be very difficult to get a project in my area - unless I join another company on EAD. I could have waited few months without project but this retrogression is forcing me to change my employer - can't wait anymore -

Here are my case details -
PD - Feb, 2003
140 /485 - ND Feb, 2004
140 - AD - 8/1/2004
EAD - AD - 7/25/2004
-------------------------------
I wanted to know what all are my alternatives - 1099, W2, Fulltime?

And, what all factors I should keep in mind or be prepared for in case of RFE?

Finally, when do I have to apply for AC21 - if at all?

Thanks in advance!
Click to expand...
submitting AC-21 letter is NOT mandatory by law. I would wait for a RFE and then submit AC-21. if you want to work on EAD using AC-21 clause then I suggest u work full time ie. payroll of some company.
 
Until your GC saga is over you need to stay on W2. 1099 is not considered as full time employment.
 
Thanks guys!

So as I understood, its full time.

How about the job profile? I mean should it be in the similar line?

I used the substituted labor & the Labor asked only for Engg. background with 2 yrs of exp. in Software. Though, when I applied for my 140, my attorney took the job profile from me - which may not be the same as what I may get with the new job now. Pls. shed some lights!

Thank you!
 
hire a good attorney

hire a good attorney. it might cost you some big bucks but its better to be safe rather then sorry. (if you get noid or rfe) anyway you will be more desperate then and attorneys will squeeze your bank account well. so its better to be prudent and hire a good attorney.

just my advice. mhb.
 
abc94536 said:
Thanks guys!

So as I understood, its full time.

How about the job profile? I mean should it be in the similar line?

I used the substituted labor & the Labor asked only for Engg. background with 2 yrs of exp. in Software. Though, when I applied for my 140, my attorney took the job profile from me - which may not be the same as what I may get with the new job now. Pls. shed some lights!

Thank you!
Click to expand...

The law requires that the new job should be similar. The tricky thing is how INS will interpret this "SIMILAR" word. So far they have been very liberal. We haven't heard any one getting rejected on this basis. So as long as you are still doing programming, then it might be fine. But i would still prefer the new job role to be as much same as the job mentioned in the LC.
 
More Question

Adding Queries.

We have seen from experts from this forum saying the new job should be
similar.

1. Job Title
2. Job responsibilities

3. Should the Salary be the same / around the one mentioned in LC.
 
Just a vague thought....

Can I be with two employers at the same time - my current (desi) employer (who may be able to give us the letter - in case of RFE) and the new american employer (with better job title, desc. etc).


:)
 
JSP said:
Adding Queries.

We have seen from experts from this forum saying the new job should be
similar.

1. Job Title
2. Job responsibilities

3. Should the Salary be the same / around the one mentioned in LC.
Click to expand...

IMHO, the salary can be different but should not differ too much.
 
Can I be with two employers (on full time) at the same time - my current (desi) employer (who may be able to give us the letter - in case of RFE) and the new american employer (with better job title, desc. etc).:)
 
abc94536 said:
Can I be with two employers (on full time) at the same time - my current (desi) employer (who may be able to give us the letter - in case of RFE) and the new american employer (with better job title, desc. etc).:)
Click to expand...

All USCIS needs is one full time job and that job should fulfill the requirements set by AC-21. Full time job is defined as job that requires you work more then 35 hrs.


Even if you have multiple jobs they do not care
 
abc94536 said:
Can I be with two employers (on full time) at the same time - my current (desi) employer (who may be able to give us the letter - in case of RFE) and the new american employer (with better job title, desc. etc).:)
Click to expand...
You can do that on EAD..of course you have to work for desi part time ( if american one wants 40 hours of your time )
 
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