Permanent to temporary after 180 days

[indistress]

My friend recently got laid of after working as a permanent employee for the company that filed 485. After 6 months of filing 485 using the EAD he is working on W2 hrly for a consulting company. The consulting firm is not willing to give a letter of permanent employment but only temporary employment even though job profile / salary is not a issue. He is working 40 hrs a week. Does he have to inform the INS and if not what are the chances of rejection. The consulting company does not want to take him as permanent employee. Please advise. He is under lot of stress.

 

[Pork Chop]

it depends, if he gets an employment-related RFE...

... which specifically requires an employment letter to be submitted as evidence (which is almost always the case), then there certainly would be a problem. in this case, paystubs alone would not suffice.

sometimes, a letter of "intent to hire" on a full-time/permanent basis upon GC approval is acceptable, (inasmuch as the GC is for "future employment"), but there is an additional risk: if in case the potential employer does not carry out their stated intent, then it could be tantamount to immigration fraud, landing both the employer and the applicant into trouble at the time of citizenship/GC renewal. so employers do not readily give this kind of letter unless they really do intend to hire.

while i am sure this is not very helpful to your friend, i hope it clarifies the situation for both of you.

CAVEAT: i am not a lawyer/legal expert by any stretch; as such, the above should not be construed as a legal opinion. Please do refer to a qualified immigration lawyer for advice.

 

[jaxen]

At the time of RFE...

the applicant can ask the employer to give a letter that specifies how long this job will be available and if it is more than 6 months from the date of the letter, should carry some weight.
Also no employer in US will give a permanent offer. If they can remove the word temporary that should be enough..

you should plan to hire a lawyer if you receive an employment RFE or your case is transferred to local INS .

My default caveat is same as porkchop's

 

[gheewalabhai888]

lawyer won't be able to do anything

if you get an rfe for a letter, they will just take money and run away.

 

[Jim Mills]

The position must be "permanent". The best way to define permanent is, in my opinion, by what is is not rather than what it is. A permanent position is not temporary and a temporary position is any position that has a definite anticipated ending date. Therefore, a position that will be for 6 months, one year, five years, or any set duration is not permanent and therefore will not support a GC filing. Non-immigrant visas are for temporary positions and some of them can have very long durations.