Please suggest. Need your advice.

P

pbkreddy

Registered Users (C)
Hi Guru's,

Is Green card is always for future employmet?

Here is my situation: My GC is based on Labor substitution and 140 got approved and 485 pending more than year due to routine security Check(Name check). I was asked by my employer to be full time to use labor substitution with X amount per year, though I can be on daily basis from my client which could earn me more $$$. I had to agree for employment rather to be on daily basis

Since my file is stuck in FBI Name check I don;t want to continue like this loosing $$$ for long time. Can I get back to daily basis for which my employer is O.kay.

Would it affect my GC processing when asked for Employment letter , paystubs etc in future by USCIS. My employer will not give me my employent letter as full time employee with salary. I will get the letter as employee on daily basis rate.

Please suggest. If GC is always for future employment it should n;t matter as long as company says that it will convert me as full time when GC is approved.

Advance Thanks for you time and advice
 
pbkreddy said:
Would it affect my GC processing when asked for Employment letter , paystubs etc in future by USCIS. My employer will not give me my employent letter as full time employee with salary. I will get the letter as employee on daily basis rate.

Please suggest. If GC is always for future employment it should n;t matter as long as company says that it will convert me as full time when GC is approved.
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Yes, it can affect your GC process if you from fulltime employment to hourly-rate (1099). While in recent AC21 memo it allows self-employment, but your case is not a AC21 case. When you convert from full-time employment to self-employment (from same employer), that can give an impression to adjucator that your employer (your ex-employer then) does not intend to offer you "future employment" and hence can result more scrutiny. While a letter from your employer can clear that doubt, but still I would be cautious about it. I recommand you to talk to attorney before taking this decision.
 
pralay said:
Yes, it can affect your GC process if you from fulltime employment to hourly-rate (1099). While in recent AC21 memo it allows self-employment, but your case is not a AC21 case. When you convert from full-time employment to self-employment (from same employer), that can give an impression to adjucator that your employer (your ex-employer then) does not intend to offer you "future employment" and hence can result more scrutiny. While a letter from your employer can clear that doubt, but still I would be cautious about it. I recommand you to talk to attorney before taking this decision.
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On a related note, can one be on daily rate(W2 only) with an employer(other than his GC sponsor) and working currently, but his GC is for future employment and his GC sponsoring company is giving a letter with full time salary offer that he would be joining in future.

Would this cause a problem?

Thanks!
 
pralay said:
Yes, it can affect your GC process if you from fulltime employment to hourly-rate (1099). While in recent AC21 memo it allows self-employment, but your case is not a AC21 case. When you convert from full-time employment to self-employment (from same employer), that can give an impression to adjucator that your employer (your ex-employer then) does not intend to offer you "future employment" and hence can result more scrutiny. While a letter from your employer can clear that doubt, but still I would be cautious about it. I recommand you to talk to attorney before taking this decision.
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Pralay,

Thank you for your advice and time. I forgot to mention in my prev post that, Its not going to be 1099. I will be converting to daily rate and will get W-2 NOT 1099). Please suggest.
 
I think it is important to be fulltime. As I understand you can change the employer after 180 days post I140 approval but you need to stay in the same area and do the same type of job untill you get your I485.

You need to ask a lawyer or an immigration officer about it.

I have a ? for you.
You got your FP done. How do you know that your name chack has not done yet?
Is't FBI do it at the same time they do FP?
Thanks in advance.
 
aeka said:
I think it is important to be fulltime. As I understand you can change the employer after 180 days post I140 approval but you need to stay in the same area and do the same type of job untill you get your I485.

You need to ask a lawyer or an immigration officer about it.

Thanks for your advice.

I have a ? for you.
You got your FP done. How do you know that your name chack has not done yet?
When I called NSC Customer Service, rep told me that my case is pending to due to FBI Name check.

Is't FBI do it at the same time they do FP? NO ( Generally they start it as soon as we apply for 485. They can start any time.)
Thanks in advance.
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