I am currently working with a large IT firm. I have EAD (EB3) and H1B. My question is: Can I use AC21 and work with my friend who has a consulting company, but there is no guaranteed income (in case there is no project). Is an offer letter from his company enough?
14 Apr 2014Answer
AC21 requires an offer of permanent employment in a similar occupation. This includes a guaranteed minimum salary. It is possible to use AC21 to move to a consulting company, but only if the company is making a permanent offer in a similar occupation. The USCIS will routinely issue requests for evidence asking for an employment verification letter from an AC21 employer, confirming job title, start date, salary, and job duties. If your proposed employer is not prepared to provide such a letter and such a salary commitment, then it is not a wise selection for AC21 purposes. (14.Apr.2014)
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