Can I file AC21 with offer letter having no job duties and 37.5 hrs per week mentioned

[nrao9]

Hi,

I am working on GC-EAD got under EB2 and 485 has been in pending since Feb 9th 2012. I am interested in moving to a new emoplyer on Full time opportunity. but the new employer's offer letter has job title which is same to my PERM position and job duties also same but offer letter doesn't have job duties mentioned on it and also, it has 37.5 hrs per week as their current policy.

 

can i use this offer letter to file AC21. does it considered  not full time if they mention "37.5 hrs per week as their current practice". I have asked the HR to see if they can remove the Hrs section but they say, it is their standard format they can't change it, but they are ready to answer any queries from USCIS if i get any.

 

My lawyer says, it's not a good idea to file AC21 with this offer letter that may let USCIS ask more questions, in stead, if they issue any RFE, then we will answer that, also at that time employer may give EVL which may be in different format than the offer letter.

 

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.

 

 

kindly advise.

 

thanks a lot.

[itsmeusa]

I concur with lawyer's idea of waiting for USCIS to ask questions if any later instead of pro-actively filing AC21 letter and provoking series of questions. Anyway, filing AC21 is not mandatory.

[Belle]

I'd go with your lawyer advice. On top of it, once you are in, it would be easier for you to get a letter of your liking.

[nrao9]

Thanks very much Belle. that's exactly what my lawyer told me. also, the new company said, they hired people on EAD before and they have immigration dept, will answer any job related queries. I am keeping my fingers crossed and hoping they will more flxible once i join them.

[nrao9]

Thanks a lot itsmeusa for your reply.