gerardsmith
New Member
Hi,
I am currently on an L1-A visa in the US which expires in Dec 2024. My I-140 got approved early November 2023 and my I-485 has been pending since December 2023 (so almost 6 months). I am in this current multinational manager job since my admission in the US in Dec 2021 (and I have been in Canada in this position before entering the US).
I cashed out of my business many years ago and don't need to work for a living anymore. I worked several years for my employer running a US P&L with no issue. Our visions have changed recently, things are getting reorganized and it is getting harder for me to continue in this role. To be quite frank, for now, I am getting miserable and I only continue to finish this immigration process and get my green card after which I will retire (or at least take a long break from work). Given that I am a shareholder of the company, I will have some considerable non-competition clauses to respect after I leave. Therefore, finding a new job in my field in my region won't be an easy process ( I can get sued if I don't respect this clause). I have a valid 5 years EAD. I don't know how long it can take before my case is approved.
I already consulted two attorneys to help me find solutions, but none of them have been really helpful. One solution I am thinking of trying is porting my AOS to self-employment. My idea is:
- I already own a holding company that fully operates in the US (with an EIN, etc) which has significant capital in it. I could create a new one if need be.
- I could use this company (or a new one) as my new employer which would offer me a management consultant or advisor position (meeting all USCIS EB1-C requirements).
- I would act as an external consultant with clients as a manager (in a similar occupation with the correct SOC code) for them.
- My company would pay me the exact salary I am earning with my current employer (I could even use a payroll service like TriNet to process everything)
- If luck is good then I have clients, I earn good money, I am happy and everything goes well.
- If luck is not good, then I don't have clients, I play golf, enjoy life and I don't care.
Please don't waste time telling me I should stay with my current employer until the GC is approved (and ultimately resign a few months after), I already know that, I am looking for solutions.
It sounds like an edge case that few people have gone through. Anyone already tried this? Did it work out or not?
I am also looking for any great ideas here? Like for example, what if I am getting so demotivated over time that my employment is terminated, but I don't find a new job, my case is analyzed, they send an RFE asking for my work situation. My plan would be to get a termination letter of course as an evidence. How is USCIS gonna react to this? I have this 2 years non-complete clause and I can't find a new job for now. Would they deny my case or approve it?
I am currently on an L1-A visa in the US which expires in Dec 2024. My I-140 got approved early November 2023 and my I-485 has been pending since December 2023 (so almost 6 months). I am in this current multinational manager job since my admission in the US in Dec 2021 (and I have been in Canada in this position before entering the US).
I cashed out of my business many years ago and don't need to work for a living anymore. I worked several years for my employer running a US P&L with no issue. Our visions have changed recently, things are getting reorganized and it is getting harder for me to continue in this role. To be quite frank, for now, I am getting miserable and I only continue to finish this immigration process and get my green card after which I will retire (or at least take a long break from work). Given that I am a shareholder of the company, I will have some considerable non-competition clauses to respect after I leave. Therefore, finding a new job in my field in my region won't be an easy process ( I can get sued if I don't respect this clause). I have a valid 5 years EAD. I don't know how long it can take before my case is approved.
I already consulted two attorneys to help me find solutions, but none of them have been really helpful. One solution I am thinking of trying is porting my AOS to self-employment. My idea is:
- I already own a holding company that fully operates in the US (with an EIN, etc) which has significant capital in it. I could create a new one if need be.
- I could use this company (or a new one) as my new employer which would offer me a management consultant or advisor position (meeting all USCIS EB1-C requirements).
- I would act as an external consultant with clients as a manager (in a similar occupation with the correct SOC code) for them.
- My company would pay me the exact salary I am earning with my current employer (I could even use a payroll service like TriNet to process everything)
- If luck is good then I have clients, I earn good money, I am happy and everything goes well.
- If luck is not good, then I don't have clients, I play golf, enjoy life and I don't care.
Please don't waste time telling me I should stay with my current employer until the GC is approved (and ultimately resign a few months after), I already know that, I am looking for solutions.
It sounds like an edge case that few people have gone through. Anyone already tried this? Did it work out or not?
I am also looking for any great ideas here? Like for example, what if I am getting so demotivated over time that my employment is terminated, but I don't find a new job, my case is analyzed, they send an RFE asking for my work situation. My plan would be to get a termination letter of course as an evidence. How is USCIS gonna react to this? I have this 2 years non-complete clause and I can't find a new job for now. Would they deny my case or approve it?