Layed off after 180 days/working as an independent contractor

H

hello_world_bye

Registered Users (C)
Hello friends,

I was working for company A and was layed off early Dec. I applied for my 485 in Dec 2002 and have a valid EAD and AP.
I have found a contracting job which pays me by the hour.

i) is it legal to work as an independent contractor on an EAD? My guess is it should be fine but just want to confirm with the gurus on this board.

ii) will working as an independent contractor suffice to use AC-21? I was previously working as a full-time permanent employee software engineer.

iii) exactly when do I need a "similar" job? The day an Rfe is issued for my 485/ the day GC is approved/ all the time before GC approval?

I would appreciate any inputs.

Thanks
 
Originally posted by hello_world_bye
i) is it legal to work as an independent contractor on an EAD? My guess is it should be fine but just want to confirm with the gurus on this board.
Click to expand...

That's just fine.

ii) will working as an independent contractor suffice to use AC-21? I was previously working as a full-time permanent employee software engineer.
Click to expand...

No. An employment-based Green Card requires full-time, permanent employment. Working as a contractor is considered "self-employment", and not sufficient for AC21.

iii) exactly when do I need a "similar" job? The day an Rfe is issued for my 485/ the day GC is approved/ all the time before GC approval?
Click to expand...

You need a similar job at the time of GC approval.
 
ii) will working as an independent contractor suffice to use AC-21? I was previously working as a full-time permanent employee software engineer.
--> As I understand that you do NOT have to report to BCIS
about change of jobs (that's for fulltime, you can do as many
small jobs as you like) but have to get an employment verification
letter from new employer incase of an RFE. This letter should state
your job duties as similar to your LC.
 
Originally posted by vsc_babu
but have to get an employment verification letter from new employer incase of an RFE. This letter should state your job duties as similar to your LC.
Click to expand...

One other thing that USCIS asks for is "prospects for continued employment". They're looking to make sure that the EVL indicates it's a permanent, not contract, position.
 
Thanks to everyone who responded.

So is it ok if I just get an offer letter and "intent to hire" from a company when I get a rfe?

Eg. 485 filed in Dec 02. I-140 approved in Jun 03. I got layed off in Dec 03. Let's say I get rfe in Dec 04. So it doesnt matter whether I have a job/work as an independent contractor/dont work at all/go to school from Dec 03--- Dec 04 as long as I can get a letter from a prospective employer (in Dec 04) saying that they will hire me at the position and salary mentioned in my Labour Cert ONCE THE GC GETS APPROVED. Did I understand this correctly?

Thanks again.
 
Even though GC is about future employment. I would think you should be working with them already as a permanent employee. They just have to issue a letter to that effect. From a technical/legal/practical standpoint- there is so little difference between temp and perm positions now-a-days it is hard to say. But BCIS would need a perm offer.
 
So is it ok if I just get an offer letter and "intent to hire" from a company when I get a rfe?

There are different kinds of RFE's issued for I-485.
For some people they have asked last 3-12 months paystubs, W-2,EVL and tax returns. If you are between jobs or have not found a similar job, I am not so sure how one can respond to such RFE. ? [
 
Need a job @RFE

If you are in between jobs- it could be tough to respond to RFE. The RFEs generally have 30 or 45 days to respond- so you have to find one in that time- else you would be out of luck.
HTH
 
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