AC-21, contract jobs

[pururwa]

Hello All,

My spouse is the primary applicant of our EB-based 485s, which have been pending for more than 180 days. She wants to quit her job and start contracting (direct through 1099 form) with a new company using her EAD. Is this possible ? Or she has to have a permanent job in order to file for AC-21 and keep the 485s alive ?

Please let me know.

Thanks

 

[Dallas03096]

Hello All,

My spouse is the primary applicant of our EB-based 485s, which have been pending for more than 180 days. She wants to quit her job and start contracting (direct through 1099 form) with a new company using her EAD. Is this possible ? Or she has to have a permanent job in order to file for AC-21 and keep the 485s alive ?

Please let me know.

Thanks

Please consult your attorney. According to my attorney 1099 was a NO NO. However he said starting own LLC when you are on EAD and doing to Corp to Corp thro your LLC is OK.

Please see the following link reg AC21 and self-employment:
http://www.uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf
http://shusterman.com/pdf/ac21-51205.pdf
Interim Guidance for Processing Form I-140 EB Immigrant Petitions and Form I-485 and H-1B Petitions under AC-21 (5-12-05)

Question8. Can an alien port to self-employment under INA 204(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. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

 

[ginnu]

Hello All,

My spouse is the primary applicant of our EB-based 485s, which have been pending for more than 180 days. She wants to quit her job and start contracting (direct through 1099 form) with a new company using her EAD. Is this possible ? Or
she has to have a permanent job in order to file for AC-21 and keep the 485s alive ?
----------------------she should get permanent job offer letter with same/similar job duties as on her LC to invoke AC21 and Her I-140 should be approved. other poster has replied to you
Please let me know.

Thanks

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[pururwa]

Thank you Both

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Lets say the scenario is:
1.) she quits her job with company A (I-140/485 petitioner)
2.) starts contracting with a company B directly on 1099
3.) And gets a letter from company C that she will join C (with same or similar job duties as listed on the labor) after getting the Green card.

In the scenario described above, will she be able to keep our 485s alive and to invoke AC-21 ?

Thanks again

 

[banta4gc]

Yep....as long as there is a permanent job offer with same/similar occupation...yep!
UnitedNations...a user on this forum did pretty much the same thing....

 

[pururwa]

United nations/ ginnu, could you please respond?

Lets say the scenario is:
1.) she quits her job with company A (I-140/485 petitioner)
2.) starts contracting with a company B directly on 1099
3.) And gets a letter from company C that she will join C (with same or similar job duties as listed on the labor) after getting the Green card.

In the scenario described above, will she be able to keep our 485s alive and to invoke AC-21 ?

Thanks again

Thanks so much ...............