jaxen and other gurus, pls help my rfe for w2 contractor

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contractorrfe

Registered Users (C)
Hi, jaxen and other immigration gurus,

I currently work as a full-time contractor for a consulting firm on a W2 basis (different company than my original sponsor company). And I just got a RFE for employment letter.

My consulting firm is willing to provide the employment letter, but only states the job is a contract based and give my hourly rate. They can also say I work 40 hours/week. Would that post a problem? Is it true that BCIS accpet employment letter only if the position is a regular permenant full-time position?

Your reply are greatly appreciated.
 
Your case should be clean and clear..

Actually that should not be a problem.. As I learned from my friends who got RFE and provided similar letter and got approved.. Only thing you dont have to specify in this case is end date.. Now I got RFE but missing ofcourse.. still waiting for that letter.. And I'm working on 1099.. As per my lawyer even 1099 is legal employement.. Even I saw my firends RFE they ask for W2's, 1099 etc to prove their legal status..
What I mean to say is when 1099 independent contractor is considered as employment.. Your case should be pritty stright forward..
But still check with your lawyer.. Cant evaluate INS now a days.. They pretend to be very strict.. but messed my case.. They sent someone's RFE to me.. and mine to someone else..
Hope for the best..
 
This is very tricky and risky, but worth a try if you don't have any other options - get your employer to write an employment letter and outline your job duties and everything else. See if they would write it in a way that this "40 hours a week" somehow implies a permanent full-time employment. Also try to get them to convert your hourly rate to a yearly salary (ys = hr * 2000 - is a decent conversion formula), or state the amount from your last years W-2. Also, you could ommit the whole salary issue from the letter, and hope no one at USCIS notices. A big risk, but you may have no choice.

Another option is for you to write something like this yourself, take it to HR and ask them to read it and see if they would sign it. Of course, for this you need some creative/friendly/sympathetic/gullible HR person.

Of course, there's the safe and secure but probably hard to implement option - find a new full time employer, who can and will pay you the prevailing wage and where your job duties will be close to the ones from your LC. You have 90 days to respond to an RFE, so there is you deadline.

Best of luck to you!
 
The entire employment based GC process is based on an important premise (excluding some special cases like EB1) that a full time permanent (not ending at a specific time frame) employment be available to the beneficiary once the GC is approved.
 
contractorrfe, can you post more details as well ?
Like what is your ND/RD ? I see you wrote Aug 01.
But also if you can post the IIO # or update your infor in the RFE tracker thread.

I agree with what anajoti mentioned, try to get your consulting firm to you a yearly salary letter.
That would be a ideal thing for you.
Is this consulting firm very rigid ?
maybe jaxen, realcanadian and/or anyone else may have a better insight if you can't convince your consulting firm to give a
yearly salary letter?

Have you talked with your attorney ?

Contractorrfe, yours is a interesting case and just as you are expecting help from others, please keep on visiting this forum and updating us all what route you choose.
It would definitely be beneficial for future.
 
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Offer letter is important

Do not use any working like 'contract Based’. Just use words like 'Mr. XXX is working with us as system analyst’. Write the annual rate.

Full time permanent job requirement is not just the part of AC-21. It is the part of the Labor. The Labor is always issued for Full time permanent jobs.
 
Thank you all: Anajoti, nkm-oct23, goastros, tammy2

Anajoti, nkm-oct23, goastros, tammy2:

you all made a very valid point. I will try goastros' suggestion of ideal thing. In the letter, DO mention 40 hours/week, position, annual salary. DON"T mention 'contract based'

I will keep you guys posted on how thing goes. Wish luck with me....
 
contractorrfe, do you have an attorney and if so what did he/she suggest ?
also since you have been asked to submit your 2003 w2, did you have any break in between jobs ?
any period of time in 2003 where you were not paid ??

As per our wishes, they are all definitely with you.
 
w2s

goastros,

That is another tricky one. I didn't have gap in my employment. But I converted from 1099 to w2 last December. for the rest of last year, I have w2 of my own company. Do you think this post a problem? If so, can I just omit the w2s and only submit my recent pay stubs??

The wording of RFE from officer 255 is:
Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax return with all W-2s, or other evidence as appropriate.
 
contractorrfe,
Even I am working as a Contractor. I got my RFE for Employment Verification last month. My consulting firm gave me letter stating that I am working as a Full Time Employee. But my pay Stub reflects as hourly. Rate xx hours 40.
According to my attorney that is not a problem.
BTW I am using AC21.

Waiting for response from INS.

ND 08/27/2001
 
rvonguru

rvonguru,

My consultating firm did the same for my employment letter. But it stated annaul salary. My pay stub also show hourly rate. Did you submit your w2??
 
contractorrfe,
I changed my job in Jan 2004. Attorney said I don't need to submit W2 as I don't have one for 2003 from my current employer. But I submitted 2001 W2 just to show that I was with my sponsored employee for more then 180 days.

Hope it helps.
 
rvonguru,

My attorney said it is ok to submit the W2s of my own company. I submitted 3 W2s last years: original sponsoring employer, my own company, current consulting firm.

Looks like we are on the same boat. pls keep us posted. All the best to you. I saw officer 69 approved dallaswait yesterday. you should be getting yours soon.
 
contractorrfe, Based on your last message it looks like you are submitting 3 W2s for last year. You shd be all set.

rvonguru, like contractorrfe wrote, after dallaswait had the same officer and Julfl & Agni have the same officer.
Hopefully officer #69 establishes a good approval pattern.

did either of you two, move to a different city, state, area ?

All the best to you ,two . do keep us all updated.
 
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