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

Discussion in 'I-485 Portability (AC21)' started by alphawolf, Feb 12, 2011.

  1. alphawolf

    alphawolf New Member

    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. ginnu

    ginnu Registered Users (C)

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