Working on W-2

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New Member
Hi Guys i am new to this site but if you could guide me on an issue that would be really helpfull.

I have been working with company A thru which my green card has also been filed on EAD since last april and i had been doing contracting for them but now they are not able to get me a project for a while,now can i work with another company on W-2 and if there is an RFE from ins asking for employment letter and if i still get a letter from company A would that be sufficient or there can be some problem.

Please advice.

Thanks
 
Since EAD allows you to work multiple jobs, you should be able to work for the other company. But, usually, it is a total switch from company A to B that people do.

If there is an RFE, I'm sure that they would expect it from the company that filed for your GC unless you invoke AC21 and switch completely to this new company.

Simplest, at least to my mind, would be to ask your current company to sub-contract you to this new company (there will be reduction in the rate that you will end up getting after Company B and your parent company A). That way you are continually employed (pay stubs) and any RFE could be answered through the sponsoring company.

Once you get you GC, then you can decide whether to join B or not.
 
But what if company B is not willing to subcontract.They have asked me to work on W-2, so still would it be ok if there is an RFE and i submit letter from company A while still working on W-2 for company B.

thanks
 
Why not AC21?

the fact that you are on EAD from April of last year means that it's
been more than 180 days since you filed your I-485.
Why don't you use AC21 and just submit the letter from company
B and forget company A?
Is the job(duties) different than the job for which labor is approved?
This is just my opinion.

Good Luck
Sept13
 
This is what I think...

I am also in similar situation but haven't yet started working on W-2. I asked my employer-to-be abt AC21 option and whether they are willing to provide me letter of Employment. They said yes.
My RD is Jan02. I think that will help us.
Anyway contact a lawyer for final advice and pl. let us know what the outcome is..
All the best
 
The company B wants me to work for them on contract and not permanently so no question of employment letter from them so if i work with Company B on W-2 and if at all there is an RFE for employment letter and if i submit the letter from Company A will there be any problem or would Ins accept that.


Thanks
 
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