file AC21 is a must or not; working as contractor during AC21

H

haiyan8318

Registered Users (C)
I got the following situation:
1) I-140 approved, I-485 filed more than 180 days
2) found a new job as contractor on EAD

Questions:
1) is it a must to file AC21, as my lawyer asked me.
2) is it ok to work as a contractor before GC approved?
3) Sounds like a silly question, but could someone tell me what is RFE?

Thanks.
 
1. Based on various opinions- it is not a must to file Ac21. The law says -you are 'expected to' infrom BCIS of job change not 'required to'. Different lawyers and individuals do different things.
2. It is OK to work as contractor with EAD. It is not OK for AC21. BCIS wants permanent job at time of RFE or adjucation.
3. RFE- Request For Evidence. BCIS want additional information/clarifications. RFEs are common- depending on what it is - can be normally answered easily.

Best of Luck, Happy New Year.
 
Thank you very much, tiger. But I have one more question. I am working as a w2-based contractor, not an independent one. I am employed by an technical resource company. I work for one of its clients. Does this kind of employment consider as permanent by BCIS?
 
If you are working in a fulltime job , you should be fine. I do not think that it should matter that your assignment is consulting job or not. Off cource, you need to fulfill the criteria "Similar Job" to use AC21.
 
If the technical resource company has employed you full-time and issues the W-2 you are fine. But if the client issues the W-2 you will not qualify.

Also I would avoid using "W-2 contractor" terminology..if you are a full-time employee.
 
How does the wage think match in the senario. Should the salry be the same thoughout green card procees, or is it ok if it differs after I-140 is approved.
 
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