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Urgent: Intent to Deny and AC-21 Port to Self Employment

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  • Urgent: Intent to Deny and AC-21 Port to Self Employment

    This is a great forum and I would appreciate feedback from anyone who has done this before.

    4 months ago I quit Company A. They filed a case with the USCIS letting them know I quit in Dec 2010. This is past 180 days and I have AC-21 portability. I started my own company and did this fulltime.

    However it is now 2/11 and 25 days ago I got a letter that said

    Intent to Deny. You are hereby granted the opportunity to ... submit evidence to show that you are eligible for portability. To do so, you must submit a currently dated letter from your intended employer which describes all of the following:

    -The name and location of your intended permanent employer
    -The title and job duties offered to you
    -You current job title and duties (if different than the offered one)
    -The position's minimum educational or requirements
    -The salary or wage to be paid, and
    -The date you began (or will being) employment

    My business is partnership (with a US partner). I spoke with a bunch of lawyers (immigration) and 2 of them say I need a new job offer from a new company. 2 others say I would be able to prove that I am working for myself. I am reading the AC-21 to self employment eligibility and am wondering what to do. Can someone who has gone through this before help?

    Questions:
    1. Does it matter that self employment is a "general partnership", or does it have to be a sole proprietor?

    2. How do you respond to "offer letter" if it is your own business?

    3. My lawyers say it is better to find a new job offer from a bigger company. Is this the only option?

    Thanks
    AW

  • #2
    Originally posted by alphawolf View Post
    This is a great forum and I would appreciate feedback from anyone who has done this before.

    4 months ago I quit Company A. They filed a case with the USCIS letting them know I quit in Dec 2010. This is past 180 days and I have AC-21 portability. I started my own company and did this fulltime.

    However it is now 2/11 and 25 days ago I got a letter that said

    Intent to Deny. You are hereby granted the opportunity to ... submit evidence to show that you are eligible for portability. To do so, you must submit a currently dated letter from your intended employer which describes all of the following:

    -The name and location of your intended permanent employer
    -The title and job duties offered to you
    -You current job title and duties (if different than the offered one)
    -The position's minimum educational or requirements
    -The salary or wage to be paid, and
    -The date you began (or will being) employment

    My business is partnership (with a US partner). I spoke with a bunch of lawyers (immigration) and 2 of them say I need a new job offer from a new company. 2 others say I would be able to prove that I am working for myself. I am reading the AC-21 to self employment eligibility and am wondering what to do. Can someone who has gone through this before help?

    Questions:
    1. Does it matter that self employment is a "general partnership", or does it have to be a sole proprietor?

    2. How do you respond to "offer letter" if it is your own business?



    3. My lawyers say it is better to find a new job offer from a bigger company. Is this the only option?
    ----- your Lawyer is correct find job offer from bigger company and then invoke AC21. USCIS can ask ability to pay and big company can show that. New company job offer should have same/similar job duties listed.
    Thanks
    AW
    -----------------
    Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

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