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Self-employment After Ac21 Porting

Discussion in 'I-140 job portability' started by Ron Gotcher, Jun 15, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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  2. msr

    msr Member

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    Hi Ron,
    Thanks for posting this Article. Will it be an issue, If there are no clients for the newly established company by the AOS applicant at the time of adjudication of AOS ? Even though the job is in " same or similar occupational " classification, a start up company may or may not have clients during it's first year & the AOS applicant might end up working without any clients when his case is due for adjudication. Will this be an issue ? If USCIS issues a RFE or NOID, what will be the course of action in a scenario like that ?
     
    Last edited: Jun 15, 2015
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If there is no work at all, that will be an issue. If there is some work, and the applicant can show that he is slowly building up his or her business, that's another matter. I'd say that if someone is in a situation where they have their own business, but no work, they should start looking for a job.
     
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  4. cuckoo

    cuckoo Super Moderator

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    Ron:
    What is meant by the second condition in the answer "the new employer and the job offer are legitimate" when the new employment would be self employment?

    Question 8. Can an alien port to self-employment under INA ยง204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
     
  5. msr

    msr Member

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    Thanks for the clarification, Ron.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They simply mean that adjudicators have to verify that there is a real job opportunity. It doesn't matter if it involves working for someone else or yourself.
     

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