contractor job for AC21

[casttree]

Can I consider the contractor job (6 monthes to 2 years) for AC21?

Or can I accept the contractor job 6 monthes and try to find a permanant job before the RFE of I-485?

Thanks,

 

[jaxen]

yes you can.

 

[atlantabhopali]

jaxen - can u elaborate please...

which of the 2 options did you say "yes u can" to?

Option A:

Can I consider the contractor job (6 monthes to 2 years) for AC21?

OR

Option B:

Or can I accept the contractor job 6 monthes and try to find a permanant job before the RFE of I-485?

I believe he can do the option B but not option A. BCIS would not approve his 485 if he does not has a permanent similar job and is just working on a contract at the time of approval/RFE.

regards,

-ab

 

[whats_in_name]

Working with a consulting company as a fulltime employee at their client sites on contracting jobs for 6months-2year should be fine. If the consulting company is ready to describe you as a fulltime employee, you should be fine.

off course this is my understanding.

 

[atlantabhopali]

whats_in_name,

The focus of 485 is on "permanency" of the position, and not "fulltime". As per my understanding, to qualify a position must be permanent = available to the alien forever. I don't believe even a 2 yr contract with an employer qualifies as a permanent position - the very term "contract" nullifies the permanency.

Ofcourse, a consulting firm can have a permanent position that would qualify for 485. But in that case, one needs to be a "permanent employee" of the consulting firm (on W2), not a contractor (on 1099).

hope this helps.

-ab

 

[whats_in_name]

atlantabhopali,

Here in the US, permanent jobs are also referred to as "fulltime" employment. I guess we are saying the same thing you used the word permanent and I used the word fulltime.

I myself is also trying to get a job and if required will change the employer. In last five years I have worked with two consulting companies and with their four clients, my employment letter never said that I am working on client projects and therefore it is a temporary job. The third consulting company I might consider joining is working on initially for a six months project with their client but can be extended up to two years. When I told them about my GC requirements they agreed with me that their employment letter won't specify anything about the client project duration. I will be a regular employee with all benefits of a fulltime/permanent employee.

To sum up, what we are trying to say is that INS/BCIS may not like the term “short term” or “contract” on the employment letter.

WIN

 

[TheRealCanadian]

Originally posted by whats_in_name
Here in the US, permanent jobs are also referred to as "fulltime" employment. I guess we are saying the same thing you used the word permanent and I used the word fulltime.

Not necessarily. "Fulltime" may mean that it's a 40 hour/week job. It can often be used to define how long per week you work, not how long the job will last. It is possible to have a permanent part-time job.

To sum up, what we are trying to say is that INS/BCIS may not like the term “short term” or “contract” on the employment letter.

They probably won't. I'd use words like permanent or of indefinite duration in the employment letter.

 

[whats_in_name]

Go to Dice or other job sites and they catagorize job openings as contract (for a period) or fulltime.

But, I know already and agree with your explaination about fulltime and permanent jobs.

WIN