changing job 180 days after 1-485 sent

K

koala

Registered Users (C)
the law seems clear that i can move to a new employer in the same line of work if my 1-485 has been pending for 180 days, starting from Received Date.

instead of going to a new employer, can i just start my own company in the same line of work?

thanks
 
As owner of the new company Will the job responsibilities be the same..

As described in your LC, after you start the company??
 
yes, same work

yes. as owner of company, i would be doing the same work, and also doing the adminsitrative work associated with running the company.
 
Maybe, maybe not . . .

I know that\'s not much help but in most LC categories being an officer of the corporation would defeat the LC since you\'d never convince INS that the position is available to US workers so they\'d never believe that no US workers were available and that the recruitment campaign was not tainted. Whether this problem would be overlooked in a change of employer under AC21 is far from clear.

FWIW, my opinion is you\'d be taking a big risk.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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