Can I use AC21 for independent contractor work?

[leftfield007]

Hi,

I got laid off from my Oracle Consulting firm - I have an EAD, an approved I140 and my I485 has been pending for 4 years. Can I become an independent contractor to do work in the same field as I was before using AC21? Can this work be with a 1099? Is there any specific paperwork to file in such a case?

Thanks!

 

[ginnu]

Hi,

I got laid off from my Oracle Consulting firm - I have an EAD, an approved I140 and my I485 has been pending for 4 years. Can I become an independent contractor to do work in the same field as I was before using AC21? Can this work be with a 1099? Is there any specific paperwork to file in such a case?

Thanks!

For I-485 approval one needs permanent job offer from US employer. better find employer who can give you permanent job offer letter with same/similar job duties as on LCand can give you job. I would not go as independent contractor.

 

[kminer]

You can also get your I-485 approved if you are self-employed

For I-485 approval one needs permanent job offer from US employer [...] I would not go as independent contractor.

Ginnu, are you sure about this?

Attorney at law Ron Gotcher answered this very question in his AC21 portability and self-employment FAQ:

Q: I've been self-employed for a while under AC21, and now my Priority Date has become current.
To received the Green Card, do I need a job offer from a US employer, or can I continue my self-employment?

A: You may continue to be self-employed or you can go back to being an employee. The key is continuing to work in the same or similar occupational classification.

imminfo.com/Library/AC21_issues/AC21-portability-self-emplyment.html
( this may also work: imminfo.com/Library/AC21_issues/AC21-portability-self-employment.html )