EAD - W2/Contract

M

mnl_gcquest

Registered Users (C)
Guys,
I have my EAD. I would like to go for W2/Contract (for 9 month) position with a company. Am I legal to do that. Please respond ASAP. Thank you
 
If you, in the mean time, are working fulltime for your sponsoring company, which continue your greencard application, you will be ok to pick up another job. be careful though, in rare situation you sponsoring company can sue you if you working for competing company.

If you want to quit your job at the sponsoring company. You need to use AC21 where I140 must be approved and I485 pending for >180 days. Moreover,the job you switch to must be a permenent fulltime job in order to stay on the greencard track. A contract job may not be ok.

-------------------------------------------------------------
It is purely my understanding of the issues. I take no legal responsibility for my post.
 
Here is the deal. My I148/140 was filed june10, 2003. 140 apporved. Now my staffing company is not looking for a project. I just got an offer on a 9 month project but the only thing is they want it to be on their w2. My plan is to use my EAD to work on this job and since i have 9 months, I am sure some permanet will come and i will take that offer. What do you say. ?
 
First of all, greencard is employment based. so you need a permenant job to be elligible.

Secondly, I485 can go through without any RFE. In that case, you would be ok. But if INS issues RFE, chances are you need to provide current company information to support your AC21.

If you have to get the job. According to the current process speed, INS wouldn't touch your I485 in 9 months. By the time they issues, if any, RFE, you would have a permenant job. So it is not so risky afterall.

The best way is to persuade your contractor to make it a permenant job as soon as possible. Since they give you W2, there should not much a difference to them money wise. They need to provide you a letter stating the position is permenant.

If you change your job, you do not have to tell INS that you change job on AC21. They will request your new company information. Better wait for the RFE if they issue, then tell them you use AC21.
 
You must log in or register to reply here.
Top