URGENT! Please Help !!!

H

hudakchullu

Registered Users (C)
After suffering for many years I have decided to invoke AC-21. I am working with company A, which is a big consulting company. Now I have an offer from Company B which is a small company with around 30 consultants. I will be working hourly with Company B.

My questions are:
1. Being a hourly consultant matters as oppose to a full time employee ?
2. Does the size and turn over of the company matters incase I recieve any RFE to prove the companies ability to pay me?
3. Will there be a problem if company A revokes my approved 140?

Please respond immediately as I have to decide immediately... I have very less time.

Thanks for all your responses. I really appreciate your input.

Regards,
HudakChullu.
 
Last edited by a moderator:
hudakchullu said:
My questions are:
1. Being a hourly consultant matters as oppose to a full time employee ?
2. Does the size and turn over of the company matters incase I recieve any RFE to prove the companies ability to pay me?
3. Will there be a problem if company A revokes my approved 140?
Click to expand...

You invoke AC21 to protect yourself, if the previous employer decides to revoke your applications.

GC is for future employment -- so even if you quit the GC company, Ur GC is ok -- as long as the GC employer says to USCIS that the petition is still valid. Now if your GC employer decides to pull the rug .. then USCIS sends you Intent of denial .. then you need to send supporting documents -- like U have crossed 180 days since 485 filing, U have got the simmilar type of job etc. Then you are all safe and UR GC application will continue.

For ability to pay issue : Read --> http://boards.immigrationportal.com/showthread.php?t=137088

Size does not matter -- if more than 100 employees then CFO certificate will work .. Less than 100 emp -- if your current salary is more than GC salary .. that enough ..


hope that helps ...
 
Thanks

Thanks for your response.

My concern is working on hourly basis as oppose to a permanent employee will cause any issues in GC approval.

Regards,
 
unitednations said:
..
Key thing is the ac21 letter. As long as it says the job is permanent, indefinite and the salary our hourly rate extrapolated on a yearly basis is within reasonable limits of 140 salary then everything will be fine.
...
Click to expand...

I had a question about Labor/140 salary. My PD is Nov 2002 and if my employer decides to give me a raise, how much raise (what percentage) is acceptable by the uscis? My labor/140 salary is $x and my current h1b salary is $x+6K and I'm getting $x+6k currently. How much more, as a raise can I get so that my 485 or h1b are not jeopardized? They should not expect a worker to get the same 2002 salary for ever. Thanks for your time.
 
UN,
i have a question for you. what if the AC21 letter says the employee draws $xx on a hourly basis and it does not extrapolate the salary on a yearly basis?
will that be a valid AC21 letter. i am asking this because currently i have a letter from my employer that says the above. i tried to get some statement as a gross salary on an yearly basis, but being a w-2 consultant i think that is the best my company can do.

what do you think are the chances of AC21 getting through. this is in VSC.

appreciate your time and response.

thanks
 
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