** How's AC-21 interpreted in independant contract jobs? **

[fast_gc_seeker]

I'm aware of all rules of AC-21 except the interpretation of same/similar
jobs for independent contractors. Here is an example.

Mr. Jones has satisfied all conditions for AC-21 and has EAD. He wants to quit his 140 petitioner and wants to work as a independent IT contractor. Here are my questions

1) How does Mr. Jones submit AC-21 letter? Does he have to get it from his client? Or he can prepare an AC-21 letter himself and submit it?

2) How can he define his job description in AC-21 letter? I understand that he needs to have same/similar job as listed in his LC. If Mr. Jones submits AC-21 letter himself will USCIS consider it at par with AC-21 rules or USCIS cares for AC-21 letters only from some company?

3) How does USCIS interprets contract jobs?. It may happen that the first project Mr. Jones works will only last for 1 month and next project he will work may involve different skills than one used on AC-21 letter. How will such a situation be interpreted by USCIS?. i.e. Does Mr. Jones has to work on same technology as listed on his AC-21 letter until his 485 is approved?

4) Does Mr. Jones need to be continuously working on same or different projects until his 485 is approved? Can he take some vacation and go to his home country until his 485 is approved?[assuming he is having valid AP to reenter]

 

[ginnu]

I'm aware of all rules of AC-21 except the interpretation of same/similar
jobs for independent contractors. Here is an example.

Mr. Jones has satisfied all conditions for AC-21 and has EAD. He wants to quit his 140 petitioner and wants to work as a independent IT contractor. Here are my questions

1) How does Mr. Jones submit AC-21 letter? Does he have to get it from his client?
------ YES, if the client is ready to offer future permanent job in same/similar job duties as on approved LC
Or he can prepare an AC-21 letter himself and submit it?
------ one can prepare but need you need employer who is ready to give you future permanent job offer and is able to pay you after I-485 is approved and can show ability to pay if asked by USCIS
2) How can he define his job description in AC-21 letter? I understand that he needs to have same/similar job as listed in his LC. If Mr. Jones submits AC-21 letter himself will USCIS consider it at par with AC-21 rules or USCIS cares for AC-21 letters only from some company?
-------- Job offer letter from employer or from company
3) How does USCIS interprets contract jobs?. It may happen that the first project Mr. Jones works will only last for 1 month
----- if jones is working with comany A and sends AC21 letter and I-485 is approved in that month then no problem as I-485 will be approved on the base of AC21 letter that jones submited while he was working with A

and next project he will work may involve different skills than one used on AC-21 letter.
------ if the I-485 is approved then he is free to work in difreent skills, if not then will need a new employer for future job offer to use AC21 , if I-485 gets approved with A letter then GC is approved on the base of A letter.
if the new job before I-485 approval with B is not similar or same then problem in using AC21
How will such a situation be interpreted by USCIS?. i.e. Does Mr. Jones has to work on same technology as listed on his AC-21 letter until his 485 is approved?
----- yes
4) Does Mr. Jones need to be continuously working on same or different projects until his 485 is approved?
----- to take the benifit of AC21 he should be doing same job if on EAD, if on H1 status it can be difreent but future job offer letter that will be used by H1 holder for AC21 should have SAME/similar permanent job OFFER after I-485 gets approved
Can he take some vacation and go to his home country until his 485 is approved?
------ yes
[assuming he is having valid AP to reenter]

 

[fast_gc_seeker]

YES, if the client is ready to offer future permanent job in same/similar job duties as on approved LC

what if Mr. Jones dosent want a permanent job? ie. he wants to just work as contractor
taking independent projects.If this is the case can he prepare AC-21 himself and
submit it? I believe USCIS cares for just same/similar job and dont believe they really care
if Mr. Jones is employed by some company or working as independent contrator on EAD.

if jones is working with comany A and sends AC21 letter and I-485 is approved in that month then no problem as I-485 will be approved on the base of AC21 letter that jones submited while he was working with A

what if 485 is not approved at end of project #1..can he change his skills and take
project # 2? If Mr. Jones has to work always on same skills mentioned in LC even
as independent contrator how can it be proven that he is not following this rule?

 

[happytoday]

it is always better to take a fulltime position even for contract position.
If you don't have a employer(fulltime position), how can you get a fulltime employment letter.

 

[I140helppls]

re:

how can u work as independent contractor without having 485 approval. as far as i know u need a employer who is willing to hire u as a employee after ur GC. if u are thinking that u can become independent and submit ac21 urself and work on W2/1099 etc .. i dont know whether that will run u into issues. The main issue would be .. how would u furnish a EVL if asked. ur client wouldnt give u that since he has u on contract ??

 

[fast_gc_seeker]

it is always better to take a fulltime position even for contract position.
If you don't have a employer(fulltime position), how can you get a fulltime employment letter.

FYI- there are no full time contract jobs and I'm fully aware of AC-21 rules and
they dont specify anything about job being full time.

 

[fast_gc_seeker]

gurus ur comments please

how can u work as independent contractor without having 485 approval.

why not? if u have EAD you can do any kind of job.

as far as i know u need a employer who is willing to hire u as a employee after ur GC.

wrong information! dont confuse my question with post 485 approval
situation. read the first post carefully. this is about working on EAD
using AC-21.

if u are thinking that u can become independent and submit ac21 urself and work on W2/1099 etc .. i dont know whether that will run u into issues.

why would one run into issues? all that one would do is to work legally
on EAD and submit AC-21 to inform USCIS that they are no longer
with 140 petitioner.

The main issue would be .. how would u furnish a EVL if asked. ur client wouldnt give u that since he has u on contract ??

Thats is my main question. I dont see anywhere in AC-21 memo which
says some company should offer u job, it only says same/similar
job is required as listed in LC. I believe working as independant contractor
does satisfy condition of same/similar job.

 

[I140helppls]

re:

you have a valid point. however GC is for a full time job .. or is it ?. i am not sure. if it is .. then u might run into issues. ??
others please comment. this is an interesting thread...

 

[helloji]

I think your interpretation is correct - same job does not stop becoming inde contractor - have u asked any lawyer? Should ask this as it is one of those grey areas

 

[fast_gc_seeker]

I think your interpretation is correct - same job does not stop becoming inde contractor - have u asked any lawyer? Should ask this as it is one of those grey areas

I havent asked any attorney. Lets see what gurus in this forum say.

 

[fast_gc_seeker]

gurus any comments?

 

[desigc2003]

Consider working on W-2

If you want to continue as an independent contractor, consider working on W-2 instead of 1099. With W-2, only the issue is you would not be eligible for any benefits but that's not the -ve factor at all as you can have all the freedom that you deserve.

when you sign on W-2, you can request Employment Letter with the same job title and description and you get pay stubs and at the end of the year W-2 showing all the earnings.

that's what I have been doing for the last 7 years but due to GC, I worked for a company ( GC purpose ) but found my projects and gave some percentage to sponsering company. Since I have met AC-21 rules, I was signing W-2 with preferred vendors of my clients. This way I work for 9 months ( I make my own rules ) in a year and take 2 vacations each 6 weeks to travel to India and spend time to take care of my parents.

coming to EAD - Can do any job issue, employment based EADs tend to require that you keep doing the similar job as shown in your labor certification. Where as non-employment EADs, you can do any thing as long as it's legal and as long as you obey tax laws.


As a last note, working on W-2 is challenging, dynamic and free from all lucrative companies and their stupid harassment. Working on full time basis is boring, stereo type jobs, have to suffer pain from employment who sees money in your face and all other restrictions that comes with the position.

Most important thing about working as an independent contractor is..... You should be smart and must be able to find projects with out relying on middle man / money making companies. And also you should work hard when you work and maintain good relationships with clients as references are vital as well as they recall you again for a project if there is any one rather than going through new guys.


hope that helps.

 

[fast_gc_seeker]

If you want to continue as an independent contractor, consider working on W-2 instead of 1099. With W-2, only the issue is you would not be eligible for any benefits but that's not the -ve factor at all as you can have all the freedom that you deserve.

when you sign on W-2, you can request Employment Letter with the same job title and description and you get pay stubs and at the end of the year W-2 showing all the earnings.

that's what I have been doing for the last 7 years but due to GC, I worked for a company ( GC purpose ) but found my projects and gave some percentage to sponsering company. Since I have met AC-21 rules, I was signing W-2 with preferred vendors of my clients. This way I work for 9 months ( I make my own rules ) in a year and take 2 vacations each 6 weeks to travel to India and spend time to take care of my parents.

coming to EAD - Can do any job issue, employment based EADs tend to require that you keep doing the similar job as shown in your labor certification. Where as non-employment EADs, you can do any thing as long as it's legal and as long as you obey tax laws.


As a last note, working on W-2 is challenging, dynamic and free from all lucrative companies and their stupid harassment. Working on full time basis is boring, stereo type jobs, have to suffer pain from employment who sees money in your face and all other restrictions that comes with the position.

Most important thing about working as an independent contractor is..... You should be smart and must be able to find projects with out relying on middle man / money making companies. And also you should work hard when you work and maintain good relationships with clients as references are vital as well as they recall you again for a project if there is any one rather than going through new guys.


hope that helps.

Thanks for ur response.

I would appreciate further if u can tell me more on W2 and how I can get employment
letter with same/similar job title etc...