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Contract-to-hire using ac21 portability

Seattle, WA |
Filed under: Immigration

I've got my EAD + its been 6 mo since I applied for my I-485 (Aug'07).
I-140 approved
My PD is Nov 2003
I am considering multiple opportunities for new positions and many are contract to hire.
Is it possible to do the following steps under AC21 portability?:
1. Leave my original company "A" (that sponsored my GC)
2. Join a contracting company "B" who has contracted me to Company "C"
3. After six months, I join Company "C" as a FT.


Attorney Answers 1


While you are entitled to port to the new company, you must be extremely careful when dealing with companies that contract you to third parties. Must be able to demonstrate, among other things, that contracting company has regulatory requisite of management and control over you while at third party and you must be paid by the contractor not the company where you will be on site. FT employment with company C may vitiate any ultimate issues.

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