converting from W4 to W2 and greencard status

[kulkarni_ash]

Hi
I have my EAD for about 3 years now, and my I140 is also approved, can i change my status from W4(full time) to W2(Hourly basis) with the same employer and have no issues with my GC application?

What information or support would i need from my employer in future with regards to my GC application?

I am on EB3 India with priority date Dec 2001, so don't know if i should make this switch now?

Any suggestions

( i will have to buy my own health insurance is this a bad thing to do)

 

[mmed]

Hi
I have my EAD for about 3 years now, and my I140 is also approved, can i change my status from W4(full time) to W2(Hourly basis) with the same employer and have no issues with my GC application?

What information or support would i need from my employer in future with regards to my GC application?

I am on EB3 India with priority date Dec 2001, so don't know if i should make this switch now?

Any suggestions

( i will have to buy my own health insurance is this a bad thing to do)

You should keep all your conditions in the labor certificate the same (pay, hours, ....etc)

 

[kulkarni_ash]

Hi
The labor it 10 years old, i am sorry i got confused about my question
I am W2 employee and will remain a W2 employee on payroll with my company.

Just don't getting any vacation time or other benefits, but work on hourly rate, instead of fix salary, i will get paid for number of hours i work.

Does that matter in green card application, how am i getting paid, do i have vacation time or not?

Ash

 

[fromnaija]

Hi
The labor it 10 years old, i am sorry i got confused about my question
I am W2 employee and will remain a W2 employee on payroll with my company.

Just don't getting any vacation time or other benefits, but work on hourly rate, instead of fix salary, i will get paid for number of hours i work.

Does that matter in green card application, how am i getting paid, do i have vacation time or not?

Ash

Technically, if your LC did not specify hourly rate but a fixed salary, you cannot make the change now as you have to keep the terms of the LC until you get green card.

However, since your I-485 has remained unadjudicated for more than 180 days, I believe making the change should not be an issue as AC21 should cover you as long as you remain in same or similar occupation and make the wage or more than the wage mentioned in your LC.