Laid off > 180 days

S

sujark

Registered Users (C)
Hi

Got laid off > 180 days (183rd day). I-140/EAD/AP approved.

Accepted a new offer. Job duties are similar, salary range is little higher than previous job. The only differences are :

1. the new company is a consultant company ( I've been placed in a client's site by the new employer, the initial contract is for 1year) whereas my previous job was a permanant position.

2. I'm paid in hourly charges by the new company versus regular pay by the previous employer.

Does this pose any problem?

Also, I-140 approved before layoff and it's past 180 days now. Can the previous employer revoke I-140 at this point?

Please advice.
 
Your previous employer revocation of I-140 will not affect your I-485 processing after 180 days have passed since filing 485.
In your case you are not in a full time permanent position. if you employer is willing to hire you full time and is ready to give that in writing you are OK. Otherwise expect problems.
 
That is true - seems like "full time, permanent" are keywords that BCIS looks for but there are cases where hourly wages have been submitted to BCIS in support of AC21. I don't have the links but you may search the board for pointers. I don't think any one point is not a deal killer in AC21. If all other conditions are satisfied, BCIS is likely to approve the petition.
 
Thanks for your input, guys.

My contract with the new employer implies that I am a regular W2 employee eligible for medical benefits & 401 k plan, but just paid hourly.

Is this still a problem?
 
Last edited by a moderator:
You must log in or register to reply here.
Top