AC21 Port from employer to self-employed

[immigration0]

Hello All, I am wondering if anyone has experience with AC21 portability to self-employed status. If so, I'd like to hear about it.

Is it better to port to a company entity, i.e. a C Corporation, S Corporation or LLC? What if this company is owned by my wife? She is H4 Status however her EAD is being processed now.

I am considering leaving my present employer and invoking AC21 portability to either self-employed status or another company that I have interest in. My job description would remain the same. I'd appreciate any feedback on this issue. And if anyone has sample letters that were used with USCIS with similiar situation I would greatly appreciate seeing those.

Your responses and feedback are greatly appreciated. Thank you.


Here are the details of my case:

Category: EB3
Labour Cert: approved
I-140: approved Jan 30/09
PD: April 4, 2007
I-485 pending since July/07
H1B with present employer valid until 2/10/12
EAD approved and valid until 3/11/11

 

[Jackolantern]

Porting to self-employment can be done, but it is risky. Self-employment often involves very different tasks than being an employee, and you have to convince USCIS that it is a real company with real revenue and/or adequate funding.

 

[kminer]

Attorney at law Ron Gotcher says at imminfo.com/Library/AC21_issues/AC21-portability-self-emplyment.html that:

In theory, there are no additional risks associated with self-employment. The USCIS has written in a policy memorandum that self-employment is acceptable under the AC21 legislation. To the extent that there is any "risk" it would involve the likelihood of additional scrutiny of the work actually being done by the applicant. As long as you work in "the same or similar occupational classification," however, you are safe.

 

[ginnu]

Attorney at law Ron Gotcher says at imminfo.com/Library/AC21_issues/AC21-portability-self-emplyment.html that:

Best option is join new employer then invoke AC21. I have not read any AC21 case that was ported to
self-employed and got approved.You should hire Ron Gotcher if you are thinking about self-employed AC21.