Please advise on Hourly & Salary

K

kvpt_mm

Registered Users (C)
Hi Folks:

I got my AOS pending at VSC for about 9 months (> 180 days ) under EB3 , got EAD and AP

My current project that i was working at client location through my GC sponsering employer is ending soon, so i looked for a new job and i kind of in the verge of getting another contract through another consulting company based in another state where it falls to different BCIS judistrcition.

The job is kind of similar duties and Title but Sr. attached to it and kind of 12 months contract. New job offering company willing to pay me on hourly basis W-2 , (when calculates for annum , it is little extra (10%) than what mentioned on LC)

The questions i have :

1. Is it OK working on W-2 hourly basis and using my EAD ? Its an opportunity working >=40 hrs /week at client location but consulting only pays on W-2 hourly basis , but not yearly salary ?

2. Can we call above scenario as a full time opportunity ?

3. Is it safe to take this opportunity while my AOS is pending ?

4. If BCIS sends an RFE for some reason,what kind of potential risks it causes ?


Please advise soon, i need to tell them something soon
 
I got my AOS pending at VSC for about 9 months (> 180 days ) under EB3 , got EAD and AP

My current project that i was working at client location through my GC sponsering employer is ending soon, so i looked for a new job and i kind of in the verge of getting another contract through another consulting company based in another state where it falls to different BCIS judistrcition.

The job is kind of similar duties and Title but Sr. attached to it and kind of 12 months contract. New job offering company willing to pay me on hourly basis W-2 , (when calculates for annum , it is little extra (10%) than what mentioned on LC) to invoke ac21 you should work on "same or similar" and geographical area does not matter

The questions i have :

1. Is it OK working on W-2 hourly basis and using my EAD ? Its an opportunity working >=40 hrs /week at client location but consulting only pays on W-2 hourly basis , but not yearly salary ?
No Problem as long it is W2 (W2-temp or something SHOULD NOT be attached to it). Only thing is if uscis questions your salary then you should multiply that hourly rate into the number of working/billable hour to arrive at annual income and your new company should be willing to provide that information if asked. note that there is technically no difference between salaried or hourly. you are paid for the hour you worked. Issue is you should not miss getting any paystub.
2. Can we call above scenario as a full time opportunity ?
3. Is it safe to take this opportunity while my AOS is pending ?
as long as your contract does not get over and you dont miss any paystub then you should be fine.
4. If BCIS sends an RFE for some reason,what kind of potential risks it causes ? not a big issue if the new employer is willing to provide the information

Even per attorney Ms. Murthy per INS h1 people can work on hourly. This should be there in some chat archive in their website.

If you dont feel comfortable about how to proceed dont hesitate to have a paid consultation with an immigration lawyer
 
Thanks for the important advise Saigc , i really appreciate it

Do you think using AC21 and moving to a different state which falls in different BCIS judistrtcion causes transfer of the AOS case to the local office ?

any thoughts ?
 
mostly your case might get transferred to local office. not sure. even if you dont change your address or client or use ac21 there is no guarantee that your case will be transferred to local uscis.

before you join any company make sure that they will support your greencard process by providing enough information or give good cooperation atleast till you are employed with them.

and be cautious about the title. its better to talk to some immigration lawyer about your "Sr" prefix added to your title. you might have to work around with the help of the new employer.
 
Thanks again SAIGC

I will make sure with the Consulting company to give me same job Title employment verification letter

My GC sponsered employer paid me on salary basis with all kind of benefits, but now this job is hourly and they only pay on w-2 basis, i wont get a single penny extra other than what i have worked for ...

So, if i deduct the benefits costs (medical + dental + vision + sick leaves+ vacation time + 401K + holiday pay) from what they are going to pay on hourly basis, i am still making ~15 % extra on my LC salary figure, is this OK ?

I searched in the forum for transfer cases stories, it seems like no pattern why they transfer , in somecases people even changed their jobs to 2 or more BCIS judistriction places got approved without any transfers, also observed people with same company and same place got transfered too !!! God only knows BCIS gimmicks

Did understand the idea of this transfer saga ?

I am writing a message and will send you like a PM to you , would u reply ? thank you
 
sai_gc and kvpt_mm,
Generally what are the chances that AC 21 cases will result in getting transferred to the local INS. Have you observed any significant patterns. For ex: if normally the chances of getting transferred is 50%, then for AC 21 is it more say 70%.

Recently, I replied RFE with AC 21 and I am kinda getting a feeling that my case might be transferred to NJ local office.
If they transferred what kind of documentation they are expecting,

I appreciate your input .

-rajum
 
I couldn't dare to proceed for my opportunity because of potential risk of getting the file transfered and i checked for local processing times at the place i am going , it is more than +700 days , Doesn't feel like worth taking it.

I have this another open opportunity with a Company , where the guy starting a new company and can place me at his client and he wanted to hire me as a first employee ;

Is it safe to join this company as a new and first employee , he understood the concepts for AOS and told me that he will provide me flexibility in responding to any BCIS RFE's with neccessary doc's and/or any related stuff.

Is it safe to join a new company as a first employee during AOS pending after 180 days over with I-140 approved for EB-3 ?

Please advise
 
KVPT_MM,
This is a million dollar question. Honestly speaking, I am also looking for an answer to this question.

My attorney is of the view that one needs to be careful when changing companies. However, he didn't mentioned what is safest one.
However, my attorney says that if you are using AC 21 and if you are transferred to NY local office, it seems that they are asking for the last three years of Annual reports of the AC 21 company.

In that case, you joining as an first employee might pose a problem.

However, I would love to hear anything contradictory to this.


-rajum
 
kvpt_mm

surely its not good or right or worth joining a employer with whom you are the first employee.

its difficult to prove the ability to pay clause.

do not see any profit or more salary right now. stick to the ac21 regulation that states same or similar job and make sure your new company is financially sound enough to convince their ability to pay you.

also note that the case transfer has no logic or reason. it can happen to anyone for no known reason. do not act based on your local processing times etc.

as the ac21 regulation is not come out yet its better for you to consult some lawyer before you make any decision.

whatever you do get everything EVERYTHING IN WRITING FROM YOUR PROSPECTIVE EMPLOYER.
 
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