For AC21 ,Does new employment have to be a FTE with benefits or can be an xx/hr on W2 without benefits too ..?

[Andy9]

Hello All ,

I got into a situation to convey and get some input from the forum to find the best option i should take at this time.

Below are my details ..

I had been working with only EmployerA on a FTE salary + benefits from 2006 on wards on H1B.

Priority Date : Nov 09, 2009

PERM : Got approved in 2010.

I40 : Got approved in 2011.

Applied I-485, I-131(AP) and I765(EAD) on Feb 6, 2012 for me and my spouse when my priority date was current in Feb 2012.

EAD/AP Approved : On Mar 31, 2012

EAD/AP Renewed : In Jan 2013 and latest renewed EAD valid till Feb 2015.

I-485 Approval : WAITING

I never used my EAD as i had been working for my EmployerA on H1B from 2006 on wards. I had been working with EmployerA on a FTE salary + benefits

I was out of the contract/job in second week of March 2013 and had been looking for a new job .

My EmployerA asked me to look for the jobs on my own too while they also try at their end for a new job for me.

Since EmployerA could not find a job for me till about a month employerA informed me that they had to with draw the H1B petition and they did inform USCIS about the H1B with drawl. So i lost H1B status and currently on EAD.

Till date my EmployerA could not find a suitable job for me.

As i had also been trying on my own ,I got a job offer from a different staffing firm and they are offering me a contract opportunity to work at an end client.The new staffing firm said they will pay me an hourly rate on W2 without any benefits. I came to know that there is a provision called AC21 that i can use for this. I got below questions which i think i need to know before i make the move.

1) Can i join and work for the new staffing firm on XX/hr on W2 and can inform USCIS about the same ( AC21) ..?

2) Also how my GC process or in particular my i-485 application be effected when i start work with my new employer on a contract basis..?

3) Are there any complications with this new contract/hourly rate on W2 employment..?

4) Does the new employment have to be a full time employment with benefits to get the GC .?

5) The client said after 6 months , they can hire me Full time if my performance is good. In this case do i need to inform USCIS about the joining of new staffing firm .? or it is better to inform USCIS after i finally join the client full time ..?

Your responses and thoughts can help me in this situation. Appreciate your responses. Also i will be contacting an attorney based on your inputs.

Thanks

[pontevecchio]

AC21 notification is not mandatory and you could do it later if the Lawyer deems it necessary. The steps you take now are very crucial to your future. Get the Lawyer involved and soon.

[Belle]

To qualify for AC21 portability the employment needs to be permanent (i.e. indefinite in nature) and full time (i.e. 40 hours a week). You can also qualify as self employed if your job is a contract job, but for that, a lawyer is highly recommended.

[ven7782]

To qualify for AC21 portability the employment needs to be permanent (i.e. indefinite in nature) and full time (i.e. 40 hours a week). You can also qualify as self employed if your job is a contract job, but for that, a lawyer is highly recommended.

Belle assuming one qualifies for AC21 portability, is it mandatory to file AC21?