One of my friend purchased an approved eb3 labor sometime back and applied for 140 and 485 simultanelously, his PD is June 2001 and is waiting for his GC to be processed. He quit his consulting company (Where he pourchased the labor) due to payment issues and became independent consultant, he was told that he is free to move about on EAD after 180 days and became an independent consultant. I am under an impression that if the 180 days rule is applied then one cannot be an independent consultant, they have to be employed and the new employer must support the GC process. He claims that it is not true and you are a free agent once you cross 180 days after you file 485 and have EAD and keep extending EAD till your PD becomes current. Is that true? If that is true why do people stress out on retrogression when they can change jobs easily if they have EAD. Why do people say it is risky. Or maybe my friend is not aware of the 180 day rule. Can someone please clarify this.
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Question about AC21 - 180 days portability
- Thread starter chanduv23
- Start date
marlon2006
Registered Users (C)
Hey Chanduv23, you might want to search other threads for greater details, but I've been considering AC21 and it seems that you can invoke AC21 and issue Employment Evaluation Letter using your own company. When you say "independent consultant" I guess that means he would start a company and get ready to show ability to pay and other paperwork in case USCIS inquiries.
chanduv23 said:One of my friend purchased an approved eb3 labor sometime back and applied for 140 and 485 simultanelously, his PD is June 2001 and is waiting for his GC to be processed. He quit his consulting company (Where he pourchased the labor) due to payment issues and became independent consultant, he was told that he is free to move about on EAD after 180 days and became an independent consultant. I am under an impression that if the 180 days rule is applied then one cannot be an independent consultant, they have to be employed and the new employer must support the GC process. He claims that it is not true and you are a free agent once you cross 180 days after you file 485 and have EAD and keep extending EAD till your PD becomes current. Is that true? If that is true why do people stress out on retrogression when they can change jobs easily if they have EAD. Why do people say it is risky. Or maybe my friend is not aware of the 180 day rule. Can someone please clarify this.
easy way to get 485 denied
sounds like an easy way to get 485 denied.
sounds like an easy way to get 485 denied.
vicky007 said:Can anyone give more information regarding "invoking AC21 and issue Employment Evaluation Letter using your own company."
Regards.