EB-1 filer becoming independent consultant

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NIWspouse

New Member
my husband is about to leave his full-time job to do independent consulting work. he will be paid via W-2 through an American contracting firm.

he applied for I-140 EB-1 in oct 2002 as an independent so he would be able to leave his job. he concurrent-filed I-485 (ND dec 2002).

how much of a problem will this be to his I-140/AOS process -- being an independent consultant paid through an american contracting company versus a full-time employee with his former company? he will be making higher effective annual income but of course salary depends project-by-project.

he filled 9 of the 10 requirements for EB-1.

p.s., short story on my handle having NIW in it.. i was confused... sigh.
 
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If it is EB1-EA, which I suspect it is, he should have no problem as no job offer is required, and he can self-petition, which he did. But he would need to show that he will not be a public charge at the AOS or CP stage.
 
thanks topew -

as a matter of fact yes that is what he's filed under -- EB1-EA. One additional detail I neglected to mention is that the majority of his business for the moment is likely to be European, i.e., for an American client but for business in Europe, or for a European client for business in Europe/North America. A lot of his work involves travel to Europe for 1-2 week stints. Of course, he is paid through an American company for this work.

I don't know how this would affect the way an immigration officer views his application...

thanks in advance.
 
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Originally posted by NIWspouse
thanks topew -

as a matter of fact yes that is what he's filed under -- EB1-EA. One additional detail I neglected to mention is that the majority of his business for the moment is likely to be European, i.e., for an American client but for business in Europe, or for a European client for business in Europe/North America. A lot of his work involves travel to Europe for 1-2 week stints. Of course, he is paid through an American company for this work.

I don't know how this would affect the way an immigration officer views his application...

thanks in advance.
Click to expand...

The application is already in, so why do you think it will be a problem?

Is the I-140 already approved? If not, the conservative side of my does not like the idea of leaving a job for a not-sure thing.

Brian
 
i-140 not approved yet.

and as for his current position, his company is getting sold, no prospect of his job continuing after that, so not a sure thing at all.

i am looking for anyone who has done the same thing, self-applied EB-1/EA and done independent consulting work... gotta be some people like that in this market!
 
I leave and work outside of the U.S. I have applied as a self-petitioner without a job offer in the U.S. I included a detailed description of how I plan to continue my work in my field as an independent researcher and consultant. The regulations permit it.
 
ah, thank you all for your reponses. i think i got the general idea...

this is my first time to this forum and i'm amazed at how active it is! thanks for taking the time to respond/moderate.
 
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