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Can I be a self employed consultant with I485 pending

Discussion in 'General I-485 and Related Issues' started by 485_1200, Jun 18, 2002.

  1. 485_1200

    485_1200 Registered Users (C)

    My I-485 is pending since Dec 2000. Im now working as consultant for a consulting firm. If laid off before I-485 approval. Can I be an independent contractor or self employed consultant doing the same kind of work, when my approval comes through/or if RFE for employment verification is issued. Or do I need to be employed with another consulting firm.

    According to the 180 day rule I need to have a same or similar job as when my I-485 was applied for. So does this hold up even if I am self employed?

    Any responses will be highly appreciated.

    I do Have a valid EAD at this time.
  2. sickandtired

    sickandtired Registered Users (C)

    Self Emplloyment

    485_2000,
               I am in a similar stage as you. Unfortunately, I think that we do need to be sponsored by some company or organisation since we are in the employment category. I do not believe that self-sponsorship applies in this case. By the way, the 180 day rule has been misinterpreted and misquoted by a lot of people.... 180 days is a stipulation/guideline to the INS to clear a pending I-485 case. It does not mandate that the applicant needs to remain with the sponsoring employer for 180 days. In fact theoretically an applicant may never have worked for the sponsoring employer during the approval process (since the Green Card is for future employment). However by remaining with the sponsor for 180 days or more, the applicant is showing "good faith intent" to work for the employer. This helps to strengthen one\'s case. Hope this helps.
  3. sickandtired

    sickandtired Registered Users (C)

    Self Emplloyment

    485_2000,
               I am in a similar stage as you. Unfortunately, I think that we do need to be sponsored by some company or organisation since we are in the employment category. I do not believe that self-sponsorship applies in this case. By the way, the 180 day rule has been misinterpreted and misquoted by a lot of people.... 180 days is a stipulation/guideline to the INS to clear a pending I-485 case. It does not mandate that the applicant needs to remain with the sponsoring employer for 180 days. In fact theoretically an applicant may never have worked for the sponsoring employer during the approval process (since the Green Card is for future employment). However by remaining with the sponsor for 180 days or more, the applicant is showing "good faith intent" to work for the employer. This helps to strengthen one\'s case. Hope this helps.
  4. sickandtired

    sickandtired Registered Users (C)

    Self Emplloyment

    485_2000,
               I am in a similar stage as you. Unfortunately, I think that we do need to be sponsored by some company or organisation since we are in the employment category. I do not believe that self-sponsorship applies in this case. By the way, the 180 day rule has been misinterpreted and misquoted by a lot of people.... 180 days is a stipulation/guideline to the INS to clear a pending I-485 case. It does not mandate that the applicant needs to remain with the sponsoring employer for 180 days. In fact theoretically an applicant may never have worked for the sponsoring employer during the approval process (since the Green Card is for future employment). However by remaining with the sponsor for 180 days or more, the applicant is showing "good faith intent" to work for the employer. This helps to strengthen one\'s case. Hope this helps.
  5. sickandtired

    sickandtired Registered Users (C)

    Self Emplloyment

    485_2000,
               I am in a similar stage as you. Unfortunately, I think that we do need to be sponsored by some company or organisation since we are in the employment category. I do not believe that self-sponsorship applies in this case. By the way, the 180 day rule has been misinterpreted and misquoted by a lot of people.... 180 days is a stipulation/guideline to the INS to clear a pending I-485 case. It does not mandate that the applicant needs to remain with the sponsoring employer for 180 days. In fact theoretically an applicant may never have worked for the sponsoring employer during the approval process (since the Green Card is for future employment). However by remaining with the sponsor for 180 days or more, the applicant is showing "good faith intent" to work for the employer. This helps to strengthen one\'s case. Hope this helps.
  6. sickandtired

    sickandtired Registered Users (C)

    Self Emplloyment

    485_2000,
               I am in a similar stage as you. Unfortunately, I think that we do need to be sponsored by some company or organisation since we are in the employment category. I do not believe that self-sponsorship applies in this case. By the way, the 180 day rule has been misinterpreted and misquoted by a lot of people.... 180 days is a stipulation/guideline to the INS to clear a pending I-485 case. It does not mandate that the applicant needs to remain with the sponsoring employer for 180 days. In fact theoretically an applicant may never have worked for the sponsoring employer during the approval process (since the Green Card is for future employment). However by remaining with the sponsor for 180 days or more, the applicant is showing "good faith intent" to work for the employer. This helps to strengthen one\'s case. Hope this helps.
  7. sickandtired

    sickandtired Registered Users (C)

    Self Emplloyment

    485_2000,
               I am in a similar stage as you. Unfortunately, I think that we do need to be sponsored by some company or organisation since we are in the employment category. I do not believe that self-sponsorship applies in this case. By the way, the 180 day rule has been misinterpreted and misquoted by a lot of people.... 180 days is a stipulation/guideline to the INS to clear a pending I-485 case. It does not mandate that the applicant needs to remain with the sponsoring employer for 180 days. In fact theoretically an applicant may never have worked for the sponsoring employer during the approval process (since the Green Card is for future employment). However by remaining with the sponsor for 180 days or more, the applicant is showing "good faith intent" to work for the employer. This helps to strengthen one\'s case. Hope this helps.
  8. 485_1200

    485_1200 Registered Users (C)

    No Title

    Hi,
    I realize that we dont have to be employed with the same employer after 180 days, but as I understand: It is necessary to have employment in a similar job when the approval does come through eventually. So for example if I get laid off before my approval but after 180 days since application, I may seek employment in a similar job with another employer who does not need to sponsor me since I have a valid EAD card. But when the approval does come through I must be employed. since like you said the approval is for a future job. In this case it should be OK for me to be working for another employer legally since the first employer laid me off. My question was can this second employer be Myself. since I am suposedely allowed to start a business based on My EAD card. Obviously I need to talk to a lawer if the situation comes up (God forbid), but I just wanted to get an idea from any one who might know more about this.

    Thanks. Later.

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