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Ac 21 I-485 Portability And Self Employment

Discussion in 'AC 21 I-140 Portability' started by joesmith, Sep 3, 2014.

  1. joesmith

    joesmith New Member

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    My I-140 was approved over 2 years ago and my I-485 application has been pending for way over 180 days. I already have my EAD and AP. I would like to resign from my current job and work for myself in the same and similar position.

    (a) Can I do so without jeopardizing my Green Card that I have been able to file after several several years of H1B and being stuck with one employer.
    (b) It is my understanding that AC 21 also applies for self-employment if certain conditions are met. Can you advice on how portability under AC 21 comes into play for self-employment and what conditions need to be met? Thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The USCIS has said explicitly that AC21 portability includes self-employment. The only limitation is that you must continue to work in the same or similar occupational classification. As long as you do that, you may work for anyone, including yourself.
     
  3. joesmith

    joesmith New Member

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    Ron thanks for your response. Do you have any first-hand experience with such cases? I would like to know as I would like to explore this more carefully given that I am strongly considering this option.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I've had many clients do this. None of them encountered any issues.
     
  5. joesmith

    joesmith New Member

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    Hi Ron - Can you refer me to any of your clients that will be willing to discuss how it worked with them? Or would you be able to have a call? Thanks.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I can't breach the privacy of my clients. I can assure you, however, that this is a very routine issue and that I've never seen or heard of anyone having a problem as a result of self-employment.
     
  7. joesmith

    joesmith New Member

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    I apologize Ron but I did not mean to ask you to send me someone's info without them knowing or willing to connect. I appreciate that you feel strongly about this option as there is so much fear and speculation on the internet. In my case I do not even know where to begin. I am a CPA and work as an internal auditor/risk management consultant and my that is exactly what my job classification on my I-140. I do not know what I need to do to establish self-employment - Do I need to create a C or S-corp? What evidence will I have that I am now working for myself and am seeking clients that will hire me for exactly the same position, etc. Basically I do not know where and how to begin. Appreciate your advice.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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  9. joesmith

    joesmith New Member

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    Ron I have read the Yates memo and it does indicate that self-employment is an option but does not tell how one can go about doing it. I am seeking guidance on how to practically put this in place. Can you assist with the practical aspect of this?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I can. Call my assistant and set up a telephone appointment.
     
  11. friend1201

    friend1201 Member

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    Ron,

    Is self employment an option for joesmith because he has filed an I-485?
    Would it be an option for an EB2I applicant with an approved I-140, but who has a long wait for a visa?
    I think it would not be because of the need to keep his H1B active, but I would like to understand.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you are eligible for I-140 portability, you may be self-employed. Otherwise, no.
     

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