That is true, and there is a clear advantage to that. Also, there might still be a point to doing AC21, but this is another unique situation that is probably best addressed in another thread. Essentially, I own a company that holds my invention. The company has employees, it simply markets the product and does order fulfillment, and I'm not touching the company with a 10 foot pole besides auditing the accounting, which as the owner I'm legally required to do or I would violate the tax code. And then I point the very overall direction at intervals.
My lawyer has mentioned since the beginning the possibility of doing AC21 to become an employee of my own company, which in this case is not phony-baloney as I have a legitimate thing to do in the company under the GC job title, and I can prove that the company has run for years without me, through payroll records etc. I've been adament about following the rules, so much so that the manager writes payroll checks herself, and even when they call me with questions about how to do something, I tell them that I'm not allowed to participate, so the USCIS could wiretap me and I wouldn't care. And given the memorandum about it being allowed to port to self-employment, there doesn't appear to be a prohibition against 'self-sponsorship' any more, provided it's done through AC21 and everything is bona-fide, both the previous and the new job-offer, which they are. Obviously, this has to be thought out very carefully. But I can absolutely categorically prove my arms length relationship to the company I own, and everything is clean. Anyway, I will create a new thread for this, as it is quite off topic.
Thank you for your help, this has shed some light on I-485 adjudication.
Phlom
My lawyer has mentioned since the beginning the possibility of doing AC21 to become an employee of my own company, which in this case is not phony-baloney as I have a legitimate thing to do in the company under the GC job title, and I can prove that the company has run for years without me, through payroll records etc. I've been adament about following the rules, so much so that the manager writes payroll checks herself, and even when they call me with questions about how to do something, I tell them that I'm not allowed to participate, so the USCIS could wiretap me and I wouldn't care. And given the memorandum about it being allowed to port to self-employment, there doesn't appear to be a prohibition against 'self-sponsorship' any more, provided it's done through AC21 and everything is bona-fide, both the previous and the new job-offer, which they are. Obviously, this has to be thought out very carefully. But I can absolutely categorically prove my arms length relationship to the company I own, and everything is clean. Anyway, I will create a new thread for this, as it is quite off topic.
Thank you for your help, this has shed some light on I-485 adjudication.
Phlom