A few questions

Z

zosimus2

Registered Users (C)
Hi Folks

I am in my final stages of my green card I485 and it has been nearly 11 months since I applied. Not sure what INS is upto, but my case still hasnt been approved.

I had plans to start my company as soon as my GC came through. Now my plan is totally messed up.

Q. Since it has been 11 months after applying for my 485 can I use my EAD, if I will be working in my startup. What are the issues in this scenario?

Q. Is there an issue if you file for your GC under CSC but working in your new position in a different state?

Any suggestions would be greatly appreciated.

Z
 
I think you can start your own company

I read it on one of the FAQ that you can either join
a new compnay after 180 days or you can start you
own company.

But you should still talk to lawyer
 
Re: Zosimus2

I dont think you can. I asked Ron Gotcher the same question.


Good Luck

********************

Hi Ron,

Thanks for the great service. Its been more than 180 days since I applied 485. Can I quit my current employer(sponsering GC) and start working on 1099.


Thanks

*******************************
His Reply:
You appear to be eligible for I-140 portability. You may not work for a new employer on a 1099 basis, however, you need to be an employee.

********************************


http://www.immigration-information.com/showthread.php?s=&threadid=640
 
Is 1099 a contractor?

Let me be clear. I will be starting of a startup with a few partners.
I am a part owner of the company.

Do u think the response still holds good?

Thanks
Z
 
It is clear, the job must be same or similar...

You can evaluate it yourself whether or not your job in the startup falls within this definition. From its face, it does not.
 
FAQ about portibility

The FAQ i told you about is by Carl Shusterman


Question #7: After applying for I-485, when can I start my own business? Does it have to be in similar occupation as the original job?

Carl Shusterman: The 180-day portability rule applies to persons who work for their own businesses as well as to those who work for others. However, the requirements remain the same. At the time that the I-485 is submitted, it must be your intent to work for the petitioning employer indefinitely. If INS fails to decide your application within 180 days after filing, you will not be penalized if you have changed jobs and employers as long as the new job is in the same or a similar occupational classification. This is true whether the change of jobs/employers occurs before or after the 180 day limitation.


http://shusterman.com/ look at AC21 and try to find it
 
Re: Zosimus2

If you work for a company, then they issue W-2 at the end of the year for tax filings(tax is deducted in your paychecks earlier).
If you own a company or work as a contractor, then you will be working on 1099 (you have to pay taxes at the end of the year. for example, your profits(??) in stocks).

If we want to use 180day portability, we have to be an employee. May be you can start your own company and you can work as an employee of that company as mentioned in Carl Shusterman's remarks. I think it is best to consult your lawyer about your situation.

good luck
 
Interesting replies

Hi Folks

Thnx for the replies.

After reading stuff on this board and websites here is my understanding of AC21 portability rules.

You can start your own company INS doesnt care. All you need to do is be an employee either for your startup(kinda weird) or you work for someone else(same job same position).
This holds good if you quit ur current job.

What if you are laid off? Does the same rule above hold good?

Any suggestions folks!

I will probably talk to a lawyer sometime next month and keep you all posted once I get a better answer from him.

Thanks
Z
 
AC21 portability

I have been reading all the FAQs
I dont think you have to work for someone else.
I think you can also work for yourself.

The important thing is

1) you cant do it before 180 days.

2) You need to be doin the same job basically as ur I140
application. This is most important

3) layoff dont matter but if you get laidoff before 180days
and INS calls you before 180 days then you might be in problem
However if they call you after 180 days i think you are still fine.

4) salary and location dont matter as long as you can support
youself

5) If you are laid off after 180days you are still legal
until you application is processed. In case they ask for RFE
employment verification then in most cases INS will still let you
to look for a job and you can ask for extention till a time you
have emplyment. But this is purely based on the INS officer


Well this is the stuff i got from the FAQ and talking to a
lawyer but its safer to talk to you lawyer
 
do talk to your lawyer

Do talk to your lawyer but you need to be aware of all that you can get from the websites/discussions
here.
 
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