AC21 , employment at will Vs Permanent - offer letter


shaa

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Posted

Hello

My i-485 is pending for more than 180 days and I 140 was approved 2 years ago.

I understand that if I change job using AC21 on EAD, I need to make sure that new job satisfies conditions of I -140

1. Full time

2. Permanent

3. Same/similar field.

Now , job offer says its full time position and in the same field but no offer letter says its permanent .

Offer letter says the employment is at will but does not use word 'permanent'

1. Can you please advice on letter format that I should ask from new employer?

2. Also I just have copy of I140 approval notice and not the actual I140 petition, is that sufficient?

3. In case USCIS denies my i 485 becasue of RFE for this job change, do I have to leave the country immediately or I still get 30 days to respond.?

I would appreciate your response.

Thank you.

Posted

By "permanent" the USCIS means "indefinite in nature", or, in other words, no defined end to the relationship, like an end to a contract. "At will" will do.

Posted

"At will" specifies some specific aspects of the employment terms and conditions (e.g. with respect to termination) per the state's employment law. An employer is not likely change that stipulation in an offer letter. "At will" does not mean non-permanent (they relate to different aspects of the employment relationship). In some cases all jobs, permanent, temporary, contract, and otherwise, are "at will".

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