Future of EB3 - AC21

M

mmukkamala

Registered Users (C)
Guys,

With the latest bulletin, the jump in PD's to 2003 or 2004 is doubtful even after Oct'1st in view of backlog center approvals of old labors.

Option will be either use AC21 and join as employee in another company where we want to join or else do the consulting on our own. According to new memo, self employment is also accpetable as long as it is same or similar position.

For people who wants to star their own company and work on 1099 basis, could any of the experts in the forum write a good explanation of how we go about in this process.

I mean, just registerting a company is not a solution. We need to make sure that we are in a good shape to respond to any RFE in future. (For example, if they ask for EVL and we write a letter that we are working for our own company signed by ourself, they may come back and say that your doing additional role as a manager or something else which is not similar or same occupation.. )

Could someone shed their expert thoughts on this whole process..

Thanks
 
Yes this is a very important issue to clarify since I am in the same boat. Actually I am transferring my H1B to my little mom and pop consulting agency and will try to get someone other than my last name to sign my offer letter to avoid any doubts with the USCIS for AC21. I guess having my own agency gives me full control over payroll and benefits the way I want it to be. But I am wondering if this is not a violation of AC21 and the whole self employment funda.

You can read my old case on a previous thread
http://boards.immigrationportal.com/showthread.php?t=171111

I start employment in my own company on June 20th. Am I doing the right thing?
 
sjetly said:
Yes this is a very important issue to clarify since I am in the same boat. Actually I am transferring my H1B to my little mom and pop consulting agency and will try to get someone other than my last name to sign my offer letter to avoid any doubts with the USCIS for AC21. I guess having my own agency gives me full control over payroll and benefits the way I want it to be. But I am wondering if this is not a violation of AC21 and the whole self employment funda.

You can read my old case on a previous thread
http://boards.immigrationportal.com/showthread.php?t=171111

I start employment in my own company on June 20th. Am I doing the right thing?
Click to expand...

Since you must be having EAD already, why do u want to transfer ur H1? Also, did u register ur mom & pop company on ur name? Who is going to sign ur offer letter? Can you explain your strategy little bit more?

Thanks
 
I actually work for one of my friend's company. Until you have an employment similar to the one in LC and abide by H1B rules you are perfectly fine.
 
Well, transferring to H1B protects me in case there is any problem with my 485. Also H1B is good to have if you get married to someone in India and want to get your spouse on H4. In that case EAD is no use and 485 doesnt support dependant visas especially if your spouse is not already in the US. My mom and pop company is registered in my brother's name and I am planning to get my Sis in law to sign the offer letter using her maiden name to avoid the last name issues. I dont know if this a foolproof strategy or not.


mmukkamala said:
Since you must be having EAD already, why do u want to transfer ur H1? Also, did u register ur mom & pop company on ur name? Who is going to sign ur offer letter? Can you explain your strategy little bit more?

Thanks
Click to expand...
 
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