AC21 for the self-employed ?

M

marlon2006

Registered Users (C)
Any updates on the idea of invoking AC21 to move to your own small business ? I found threads saying that is a possible.

Anyone out there tried this move ? I think you have a part-time job you are making let's say, $60/h, could you issue an Employment Evaluation Letter to yourself ?! It would be interesting writing the job description there and then you sign the letter yourself. Is that valid ?
 
AC21 and self-employment

I have started working from this month for my own LLC after getting a legal opinion from my attorney.
Please see the following link for USCIS stand on AC21 and self-employment.
http://www.uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf
Here is the relevant extract from the above link:

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.
 
Thank you and good luck !!
My feeling is that as long as you are making enough revenue to pay yourself a decent yearly wage, that should work then.
 
AC21 and Self-Employment..that is Good

Hi,

I want to know what is the procedure for invoking AC21. I know, one way is to respond to any RFE from USCIS after a job change. But then, this is reactive approoach. If one wants to be proactive, is there any FORMAL / OFFICIAL document that has to be filed with USCIS. Please let me know the procedure if there is one such.

Thanks
Holen



Dallas03096 said:
I have started working from this month for my own LLC after getting a legal opinion from my attorney.
Please see the following link for USCIS stand on AC21 and self-employment.
http://www.uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf
Here is the relevant extract from the above link:

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.
Click to expand...
 
Holen, if this answers your question:
As far as I have been reading the procedure to invoke AC21 for self-employment is the same; upon termination of your employment with original sponsor, send Employment Verification Letter to USCIS stating your salary, job description and title (search AC21 letter on this forum for letter model).

I understand that in case USCIS requests more evidence, it you would need to be prepared with company records such as revenue and ability to pay, etc.


holen said:
Hi,



I want to know what is the procedure for invoking AC21. I know, one way is to respond to any RFE from USCIS after a job change. But then, this is reactive approoach. If one wants to be proactive, is there any FORMAL / OFFICIAL document that has to be filed with USCIS. Please let me know the procedure if there is one such.

Thanks
Holen
Click to expand...
 
EVL and AC21

Hi Marlon2006,

Thanks for the info.

One more clarification needed.

I understand that even if an EVL is sent to USCIS as a pro-active measure, they may not tie it to your I-485 app. Knowing this many of us, may ignore to inform USCIS until and unless there is a NOID or RFE asking for current info. Imagine a situation where there is no RFE, we do not pro-actively send EVL and the GC is approved on the original sponsor. Now, technically speaking we should be working with the original sponsor as per law supposedly at least for 6 months to 1 year to prove intent of employment. Else it is fraud and you may be caught on wrong foot when you apply for citizenship subsequently. Is there a better way to handle this?

Thanks
Holen



marlon2006 said:
Holen, if this answers your question:
As far as I have been reading the procedure to invoke AC21 for self-employment is the same; upon termination of your employment with original sponsor, send Employment Verification Letter to USCIS stating your salary, job description and title (search AC21 letter on this forum for letter model).

I understand that in case USCIS requests more evidence, it you would need to be prepared with company records such as revenue and ability to pay, etc.
Click to expand...
 
As far as I know the idea of not leaving employer for at least 6 months apply only after GC is approved. While it is pending AC21 let you transfer jobs OK. By the way, there is no law which governs this idea of not leaving employer. I called USCIS and they told me the same; it is just a good practice to do it to be on the safe side.

holen said:
Hi Marlon2006,

Thanks for the info.

One more clarification needed.

I understand that even if an EVL is sent to USCIS as a pro-active measure, they may not tie it to your I-485 app. Knowing this many of us, may ignore to inform USCIS until and unless there is a NOID or RFE asking for current info. Imagine a situation where there is no RFE, we do not pro-actively send EVL and the GC is approved on the original sponsor. Now, technically speaking we should be working with the original sponsor as per law supposedly at least for 6 months to 1 year to prove intent of employment. Else it is fraud and you may be caught on wrong foot when you apply for citizenship subsequently. Is there a better way to handle this?

Thanks
Holen
Click to expand...
 
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