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Ac21 To Self-employment With Ead

Discussion in 'AC 21 I-140 Portability' started by edgar49, Jan 20, 2016.

  1. edgar49

    edgar49 New Member

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    Hello,

    I have some questions regarding AC-21 portability to self-employment in the context of an approved EB-1 I-140, I-485 pending for more than 180 and EAD/AP card on hand.

    In the Yates memo it is stated that self-employment is an option as long as:
    - it is ported to a "same or similar" occupation
    - new employer and job offer are legitimate
    - the original I-140 and I-485 petitions had intent of the original employment

    The idea would to provide the same services provided to the previous full-time employer but as a freelancer (via a sole-proprietorship, new EIN) Since the income would be made by charging an hourly rate, how do you compare salaries? The amount to be earned as a freelancer depends on the amount of work and clients.

    I guess this could shift the case to proving that the new employer and job are legitimate. How could one prove that self-employment is a legitimate employer and job? I'm thinking contracts for client work, would this work? I'd love to hear other suggestions.

    For the contracts, could they start in the future, that is, sometime after the AOS is being adjudicated?

    You help will be very much appreciated, thanks.
     

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