Employ myself ?
- Thread starter AlienBhai
- Start date
Should be possible if your 140 is approved and 485 is pending 180 days or more, after service AC21 notification to USCIS. Otherwise there's always a risk that your 140 (even approved) may be revoked by the petitioner.
But when your 485 apporval time comes you want to be in a company in a similar occupation.. just to be safe... right? or do you want to continue to employ yourself under 1099 using EAD?
But when your 485 apporval time comes you want to be in a company in a similar occupation.. just to be safe... right? or do you want to continue to employ yourself under 1099 using EAD?
newkidhere
Registered Users (C)
Hi Guys,
I had exactly the same question in mind, sort of same...
Here is my question :
1. Can my own company sponsor my H1B and/or support I-485 after 180 days under AC-21 provisions?
Appreciate your response.
Thanks
I had exactly the same question in mind, sort of same...
Here is my question :
1. Can my own company sponsor my H1B and/or support I-485 after 180 days under AC-21 provisions?
Appreciate your response.
Thanks
Following is what I found in
http://uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf
I am not sure what INA § 204(j) refers to.
Question 8. Can an alien port to self-employment under INA § 204(j)?
Answer: Yes, as long as the requirements are met.
First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
http://uscis.gov/graphics/lawsregs/handbook/AC21intrm051205.pdf
I am not sure what INA § 204(j) refers to.
Question 8. Can an alien port to self-employment under INA § 204(j)?
Answer: Yes, as long as the requirements are met.
First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
when does 180 days become important
Does USCIS impose the 180 days (after 485 filed) strictly by themselves or only if the petitioning employer is hostile and is at odds with the employee?
In other words, is AC21 applicable right after filing 485 if the petitioning employer accepts to continue the 140/485 application without problem even if the employee is let go?
Does USCIS impose the 180 days (after 485 filed) strictly by themselves or only if the petitioning employer is hostile and is at odds with the employee?
In other words, is AC21 applicable right after filing 485 if the petitioning employer accepts to continue the 140/485 application without problem even if the employee is let go?