Switching to a contract position using AC21

A

artusa

Registered Users (C)
I have heard that companies usually don't have a problem with providing an EVL, even if you are in a contract position, but my current company (American) says that providing an EVL is the equivalent of requiring sponsorship of the permanent residency process.
Is this correct ?

What can I do now other than ofcourse trying to look for another employer?

thx
 
IMO, EVL is not the same as sponsoring for GC. In the EVL, company is just stating the facts about your employment, mainly your pay and job duties. How are you working currently 1099 or W2?
 
EricS said:
IMO, EVL is not the same as sponsoring for GC. In the EVL, company is just stating the facts about your employment, mainly your pay and job duties. How are you working currently 1099 or W2?
Click to expand...
--- to invoke AC21 employer has to offer permanent job. offer of Permanent job is needed on the letter.
 
So working on W2 not enough??

So is working on a W2 not enough if the company is willing to provide a letter that shows matching job description and salary amount (contract rate translated to annual salary) ?
How can it be proved that this is not a permanent position?
Pls let me know in detail.
 
artusa said:
So is working on a W2 not enough if the company is willing to provide a letter that shows matching job description and salary amount (contract rate translated to annual salary) ?
How can it be proved that this is not a permanent position?
Pls let me know in detail.
Click to expand...

----------------- the job offer letter that you send to invoke AC21 should have offer of permanent job wriiten on the letter.
 
could you be kind enough to provide a sample wording for the letter or if you can refer me to some place where i could see it?
 
artusa said:
could you be kind enough to provide a sample wording for the letter or if you can refer me to some place where i could see it?
Click to expand...

TO WHOSOEVER IT MAY CONCERN


Date:
Dear Sir/Madam:

This is to certify that XYZ is a permanent employee at our company ABC inc.

Mr. XYZ has been with us since……... his annual salary is…….,and his job duties include:
XXXXXXXXXXXXXXXXX------------------

We expect to continue employ him.

Accordingly, we respectfully request that you grant his approval of the I-485 application/Immigrant Visa in order for him and her family to obtain their permanent residency status soon. Thank you for your assistance.


Sincerely,

Signature
Designation
 
Thanx Ginnu

My lawyer provided almost similar letter for ac21 except for first line
"This is to certify that XYZ is a permanent employee at our company ABC inc."

Anyways - i will talk to the attorney and see if they need it and then check with the employer if they can add that line in. Is there a problem if the employer adds that line in but doesn't really mean it? I mean is there any way for USCIS to verify that ? Will they ask annything to that effect in the interview if they call me for one ( since I have filed ac21)?

thx
 
AC21 criteria

My GC sponsoring was a typical consulting vendor. Since then I have switched jobs. I would like to understand the criterias that USCIS needs to determine a job switch based on AC21...same area of work, salary,etc ?
My area of concern in specific is that my published salary in my GC / labor cert was $59k but now my salary is $95k...can that cause issues, should I withhold my salary information when I submit a letter from my new employer ?
 
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