AC 21 porting to self employment

[roy1]

Anyone out there with any ideas regarding AC 21 porting to self employment. One of the segments state that this is doable. Any thoughts regarding it.
Thanks.
My situation is such. My RD for 140/485 is 9/04. 140 AD - 2/05. FP 4/05. 485 ???. Definately > 180 days after 485 being processed. I would like to depart my current situation and start my own company. Any thoughts.
Thanks
Roy 1

 

[myquestion]

My I140 & 485 filed 9 months back. Not approved yet. I am looking for the solution. Can I file AC-21 on self employment?(Start my own company???)

 

[roy1]

As per the may 12 memo, This is a possiblity although I dont know for sure. Looks like the both of us are in a similar situation. After the AC 21 if an EVL is issued then I'm not sure what questions USCIS may request and what proof might be required. A new company obviously has no 'history' nor the funds for its employees. I'm lost. I hope someone out there has a few good ideas. Lets stay in touch.
Roy1

 

[ac21_help]

post this on all active forums everyone needs to know

this memo of yates is reallt good, lets request rajiv to please decipher this memo and provide some guidance to us. This memo eliminates slavery and if self employment is possible, rajiv please advise us on this.

many of us were brutally repressed by the uscis for years on end for no reason and the option to be self employed prior to 485 approval is good. this ends most of the suffering caused by the earlier memos and i-140 delays. infact this miminimizes most of the impact of unreasonable delays.

if we are allowed to start our own companies, then thousands of people will be freed from the clutches of employers and uscis mandated slavery will end and people can earn what their potential allows them to reach. (read as keep your entire billing rate and stay in the same or similar job till 485 approved)

reference page 5 of may 12 yates memo Sec 204(J)

if this is true,this is a siginificant milestone in the otherwise sadistic world of the uscis and Mr yates must be applauded for these clarifications. in fact mr yates must be given thank you letters by everyone as this amounts to a freedom letter (almost).

lets wait for some clarificatiosn from experts and rajiv and prepare to start our own companies and work for ourselves in freedom of choice.

this is really good news.everyone read page 5 and 6 of the memo regarding self employment. i attached it for your convenience

 

[myquestion]

ac21-
It is true you said. If it is really possible with selfemployment.....almost above 50% will start companys immediately because everyone who is suffering will start company. And a few in Remaining 50%....if they face problem(In case)....they also will start start company for self employment. So number of companies will raise for GC and they will close after GC approves. Let us see the facts behind self employment of AC-21

 

[roy1]

Guys,
Lets continue to keep this thread hot and open. It seems that a lot of people are in similar situations regarding the possibility of self employment. I think it is doable. I might have to try. Any other input from you guys will be valuable.
Roy1

 

[tammy2]

Guys,
Lets continue to keep this thread hot and open. It seems that a lot of people are in similar situations regarding the possibility of self employment. I think it is doable. I might have to try. Any other input from you guys will be valuable.
Roy1

I am not trying to scare any one. But be conservative until your GC is approved. Until now self-employment was considered as business and was accounted in the investor category. From what I understood self-employment is allowed now on the basis that AC-21 employer is not your sponsorer. So you can own the business and employed for the same one. But this is not final AC-21 draft. After three months they may come back say this is not allowed. You need to have some kind sponsorer all the way upto approval.

Wait for some time. Let the dust settle before doing any thing that is not easily irreversible. Even aggressive attorney like Sheela Murthy is also saying that this has more risk.

 

[aws]

I am not trying to scare any one. But be conservative until your GC is approved. Until now self-employment was considered as business and was accounted in the investor category. From what I understood self-employment is allowed now on the basis that AC-21 employer is not your sponsorer. So you can own the business and employed for the same one. But this is not final AC-21 draft. After three months they may come back say this not allowed. You need to some kind sponsorer all the way upto approval.

Wait for some time. Let the dust settle before doing any thing that is not easily irreversible. Even aggressive attorney like Sheela Murthy is also saying that this has is more risky

~~~ tammy2, i agree with what you mentioned about self employment.
but, i'll surely not agree on that sheela murthy is aggressive -- definitely not.
i usually read her chat transcripts and my firm opinion is that her approach is very defensive. Of course, that's in line what one has provide as more generic opinion on Qs asked by folks during an on-line chat.

 

[TheRealCanadian]

From what I understood self-employment is allowed now on the basis that AC-21 employer is not your sponsorer. So you can own the business and employed for the same one. But this is not final AC-21 draft. After three months they may come back say this is not allowed. You need to have some kind sponsorer all the way upto approval.

My understanding of the "self-employment" provisions is that they allow 1099 employment, not just W-2. So if you're working for another company on a 1099 basis but otherwise have a steady income and job, USCIS will probably allow it. If you start your own company but don't have any work - probably not.

Even aggressive attorney like Sheela Murthy is also saying that this has more risk.

As posted earlier, Sheela is rather conservative in certain chats, but when AC21 first came out she was quite agressive in its interpretation - and the subsequent Yates memoranda have proven her correct in her initial assessments. With such a large office, I suspect that the level of attention given to certain cases might not be what it should be. I received notification of my last FP the day after it was scheduled to occur, and I have yet to receive notification from her office about my interview.

 

[roy1]

Guys,
Thanks for all the input. I am leaning toward be a little more conservative. Any ideas if I were to be employed by a legitamite start up company. Obviously a start up company will not have a financial history behind them. Would this be a viable option.
Roy1

 

[roy1]

Anyone out there,
Regarding working for a startup company. If an EVL is requested, how could one prove a legitamate company truly functioning but being unable to show any financial history
Roy1