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Ead - Contract To Hire

Discussion in 'AC 21 I-140 Portability' started by msr, Mar 3, 2015.

  1. msr

    msr Member

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    Hi Ron,

    I need your input in the below scenario :-

    Can a person with an EAD ( still working for sponsoring employer ) after 180 days accept a contract to hire position offered by a different company by invoking AC21 ( leave the sponsoring employer ) ?

    Assuming he can accept contract to hire position, Will it be a problem when USCIS asks for EVL ( at the time of GC approval/adjudication ) & it is provided by the company that offered contract to hire position ?

    Also the new job ( contract to hire position ) is in the same or similar occupational classification as the job for which the petition was filed.

    Note : The company that offered the contract to hire position will not be the employer of the person ( at the time of GC approval/adjudication) but have intention/plan to hire the person full time in near future.
     
    Last edited: Mar 3, 2015
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    After 180 days, if you are working in the same or similar occupational classification, it doesn't matter who employs you.
     
  3. msr

    msr Member

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    Thanks for your response, Ron.

    So will USCIS accept the EVL provided by whoever employs the applicant ( given that the applicant is working in the same or similar occupational qualification ) at the time of adjudicating/approving the applicant's GC ?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, that is precisely correct.
     
  5. msr

    msr Member

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    Thanks Ron. I appreciate the response.
     
  6. spdpa

    spdpa New Member

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    On the same lines ....

    I am planning to switch employment. 180 days have long passed.

    The new position is a contract to hire. so few months with vendor on his W2 and then FT with the end client.

    If my existing employer decided to revoke my I-140

    a) how long does it take to come into effect.
    b) Will it jeopardize in obtaining my GC.


    **** An AC21 filing may only be possible with the end client and not the middle vendor****

    Please suggest..

    Thanks
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should be OK.
     
  8. spdpa

    spdpa New Member

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    Thanks for the prompt reply. So am I right in understanding that even if my existing employer withdraws I 140 petition, I am ok to continue pursuing the new employment inspite of not filing AC21 in a timely manner ?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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  10. mfd1402

    mfd1402 Senior Member

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    Ron if we get an RFE for EVL while on contract to hire can the "middle vendor" submit the EVL or does it have to be the end client who has to provide the EVL
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In this unique situation, the entity making the permanent job offer should write the letter.
     

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