AC21 and my own company

R

roman3

Registered Users (C)
Dear friends,

please, advise.

My I-140 is approved. I had interview for I-485 and officer said that he would be happy to approve my case, but name check hadn't come yet. As we know, name check might take up to 4 years, so I decided to go AC21 way.

Can I do the following:

1. Establish my own company and issue permanent job offer to myself.
2. Work on basis of corp-to-corp contract for other companies.

Thank you!!!
 
roman3 said:
Establish my own company and issue permanent job offer to myself.
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No. You need to have a clearly established and documented work relationship with a US entity. The latest AC21 memorandum indicates that self-employment (ie corp to corp) is OK, but there's a risk that USCIS will change their mind on this subject and require you to be an employee.

I wouldn't assume that the name check will take years, BTW.
 
roman3 said:
Dear friends,

please, advise.

My I-140 is approved. I had interview for I-485 and officer said that he would be happy to approve my case, but name check hadn't come yet. As we know, name check might take up to 4 years, so I decided to go AC21 way.

Can I do the following:

1. Establish my own company and issue permanent job offer to myself.
2. Work on basis of corp-to-corp contract for other companies.

Thank you!!!
Click to expand...
Instead of working for your own company you can work on 1099. Benefits almost similar.
 
Last edited by a moderator:
number30 said:
Instead of working for your own company you can work on 1099. Benefits almost similar.
Click to expand...

But, who gives the employment verification letter about a permanent job offer on GC approval then?

I had another question....if my PD is Jan 2002, and I use AC-21 to join a company, does this company have to exist and have the ability to pay the wage before Jan 2002?
 
AC21 and your own Company

Hello, I took a risk....I opended company and my wife was owner,,,,,,,worked for my company for almost 1 year, They approved my case without any interview. ( But I took risk) My employer even did not file my 485 and was sitting on approved I-140 for more than 6 months. Then I filed 485 by myself without telling to anyone ,,,,,stayed with my sponsering employer for 6 more months and filed AC21.
To answer your question, how did I get my EVL when I as filling 485, I asked my employer for that saying that my wife will need that in US consulate in India as she needed H4 extension.
 
rahbaj said:
Hello, I took a risk....I opended company and my wife was owner,,,,,,,worked for my company for almost 1 year, They approved my case without any interview. ( But I took risk) My employer even did not file my 485 and was sitting on approved I-140 for more than 6 months. Then I filed 485 by myself without telling to anyone ,,,,,stayed with my sponsering employer for 6 more months and filed AC21.
To answer your question, how did I get my EVL when I as filling 485, I asked my employer for that saying that my wife will need that in US consulate in India as she needed H4 extension.
Click to expand...

Wow you got Guts men. CONGRATULATIONS.
Thats one Pissed employer you will have once he knows you applied for I-485 using his I-140.
 
TheRealCanadian said:
No. You need to have a clearly established and documented work relationship with a US entity. The latest AC21 memorandum indicates that self-employment (ie corp to corp) is OK, but there's a risk that USCIS will change their mind on this subject and require you to be an employee.

I wouldn't assume that the name check will take years, BTW.
Click to expand...

OK, for example my wife establishes LLC and gives me job offer. I sign it and get paid working for that company. Isn't it "clearly established and documented work relationship". Am I missing something?

It's like working for recruter who holds your H1. Recruter finds contracts and you work for different companies, but you are still an employee of the Recruter.

BTW, in Silicon Valley if you are good developer, it's 100 an hour nowadays. So, I'd prefer to work for myself, rather then find other blood sucking sponsor.
 
roman3 said:
OK, for example my wife establishes LLC and gives me job offer. I sign it and get paid working for that company. Isn't it "clearly established and documented work relationship". Am I missing something?
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The problem is that a company owned by your wife couldn't get an RIR LC on your behalf, and most likely couldn't sponsor an H1 for you. If USCIS rejected the case, they'd claim that you had no legitimate US entity sponsoring you (since the ownership went back to your wife and you) and you would have a hard time convincing BIA and the federal courts otherwise.

So, I'd prefer to work for myself, rather then find other blood sucking sponsor.
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I don't disagree, but you need to balance out your short-term financial desires with your long-term immigration goals.
 
TheRealCanadian said:
The problem is that a company owned by your wife couldn't get an RIR LC on your behalf, and most likely couldn't sponsor an H1 for you.
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If the company is owned by his wife would it not become FB case?
 
tammy2 said:
If the company is owned by his wife would it not become FB case?
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Not automatically, but it would make far more sense to do so if the wife was qualified to sponsor him via the FB2/IR route. You may be confused with cases where a relative owns more than 5% of the sponsoring entity, in which case USCIS does ask for an affadavit of support from the relative, like in an FB case.
 
to TheRealCanadian

to TheRealCanadian

Thank you. That makes perfect sense. It's all about priorities. I'm just so burnt out that I'm looking for slightest opportunity to start new stage of my life.

I appreciate your response.
 
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