EAD and Independant Consulting

[lc_in_process]

All Gurus,

I have my EAD since 2007 August. My I-140 is approved. I-485 was filed in July. I want to switch to consulting on my own and do not want to work with my company any more.

- Can start working as an independent consultant?

- Do I need to establish a company?

- If I do that what are my chances in case of my EAD extension that I need to file in 2010 April( EAD Expires in July 2010)?

Please advise.

PD June 2003.
I-140 Approved.
I-485 Pending

 

[ginnu]

All Gurus,

I have my EAD since 2007 August. My I-140 is approved. I-485 was filed in July. I want to switch to consulting on my own and do not want to work with my company any more.

- Can start working as an independent consultant?

- Do I need to establish a company?

- If I do that what are my chances in case of my EAD extension that I need to file in 2010 April( EAD Expires in July 2010)?

Please advise.

PD June 2003.
I-140 Approved.
I-485 Pending

Your pending I-485 is based on LC and I-140. US employer filed LC and I-140 and your I-485 is based on I-140. I-485 cant be approved if you don’t have Permanent job offer from US employer. if I-485 pending more than 180 days then you can join new employer and new employer need to provide you Permanent job offer letter with same/similar job duties as on your LC to invoke AC21.
Wait for your GC approval then work few months with US employer and then try to be independent consultant.

 

[kminer]

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

I-485 cant be approved if you don’t have Permanent job offer from US employer.

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 )