Filing with AC21 with offer letter having no job duties and 37.5 hrs a week mentioned

[nrao9]

Hi,

I am working on GC-EAD got under EB2. I am interested in moving to a new emoplyer on Full time opportunity. but the new employer's offer letter doesn't have job duties mentioned and also, has 37.5 hrs per week as their policy.

 

can i use this offer letter to file AC21. does it considered as part time if they mention 37.5 hrs per week?

also, can i send the offer letter with no job duties except the position title.

 

please advise.

 

thanks a lot.

[nrao9]

They are not ready to change the letter format as it is their standard. also says that, 37.5 is  not considered as part time job by FLSA standards.

 

is there any go around or how to proceed on this.

 

thanks

[Belle]

Talk to your new employer before accepting the offer. The HR is generally more lenient when they need you to sign on the dotted line. They should have a job description somewhere, and even if not in the offer letter, you can just attach it. Also, talk to a lawyer in detail on the hours. The law states that the position must be full time. So, any mistake here might be deadly.

[nrao9]

Thanks very much Belle for your reply.

 

They have the full job description but not added to offer letter. they are okay to give as an attachment. but coming to 37.5 hrs, my lawyer said, it's not good to send that letter to USCIS part of AC21. lawyer said, we will ask them to give employment verification letter if we get an RFE. Please advise.

 

here is part of the offer letter:

We have agreed to a semimonthly salary rate of $XXXX which annualizes to $XXXX.  You will be paid on the 15th and last day of the month, or the business day prior if it falls on a weekend or holiday. 

 

 Under current practices, our normal work week is 37.5 hours (1950 hours per year), and employees are paid pro rata twice per month with a total of twenty-four pay periods in a full year cycle.  In addition to your compensation, the Firm provides excellent benefits package, including PTO benefits.

[Belle]

The last paragraph is not needed for AC21. You can ask for a similar letter that does not include that paragraph.