Gurus,
So many people asking the similar question. Can Rajiv answer this question?
I have few questions about self-employment pending I-485. I have my own LLC. Based on William R.Yates AC21 Memo dated May 12, 2005.(see below)
Can I work as 1099, OR work through my own LLC as W2???? (same or similar occupational classification as of I-140)
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.
My case details:
Original LC- non concurrent
EB3/India/Labor Priority Date:Nov-1999
I-140 Approval Date : Jun-2000
I-485 Notice Date : Oct-2004
EAD1 Approval Date: Dec-2004
AP1 Approval Date: Dec-2004
Finger Print-code3 done at Newark NJ: 3/25/2005
RFE Date: 5/3/2005
RFE for:
1) I-94 (proof that you legally enter US)
2) Employer’s letter from the company who filed I-140 (employer interest in hiring, remuneration & job desc).
As such I was working of different company, I got the letter and I filed AC21.
REF Reply Date: 06/15/2005
Case Transfer to Newark on : 07/11/2005
InfoPass Appointment to verify the receipt of file at Newark, NJ on 08/11/2005
According to the officer my case transferred to Cherry Hill.
EAD2 Approval Date: 10/04/2005
AP2 Approval Date: 10/04/2005
Interview Date at Cherry Hill: 10/19/2005 (already over)
Officer told us our case is pending with name check, and he wanted Birth Certificate for my spouse instead of Affidavits.
So many people waiting for FBI name check for loooong period of time. I really do not know how long it is going to take to clear the name check.
I submitted my spouse’s birth Certificate on Jan 10, 2006. No decision on our I-485 case.
Thanks
mka
So many people asking the similar question. Can Rajiv answer this question?
I have few questions about self-employment pending I-485. I have my own LLC. Based on William R.Yates AC21 Memo dated May 12, 2005.(see below)
Can I work as 1099, OR work through my own LLC as W2???? (same or similar occupational classification as of I-140)
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.
My case details:
Original LC- non concurrent
EB3/India/Labor Priority Date:Nov-1999
I-140 Approval Date : Jun-2000
I-485 Notice Date : Oct-2004
EAD1 Approval Date: Dec-2004
AP1 Approval Date: Dec-2004
Finger Print-code3 done at Newark NJ: 3/25/2005
RFE Date: 5/3/2005
RFE for:
1) I-94 (proof that you legally enter US)
2) Employer’s letter from the company who filed I-140 (employer interest in hiring, remuneration & job desc).
As such I was working of different company, I got the letter and I filed AC21.
REF Reply Date: 06/15/2005
Case Transfer to Newark on : 07/11/2005
InfoPass Appointment to verify the receipt of file at Newark, NJ on 08/11/2005
According to the officer my case transferred to Cherry Hill.
EAD2 Approval Date: 10/04/2005
AP2 Approval Date: 10/04/2005
Interview Date at Cherry Hill: 10/19/2005 (already over)
Officer told us our case is pending with name check, and he wanted Birth Certificate for my spouse instead of Affidavits.
So many people waiting for FBI name check for loooong period of time. I really do not know how long it is going to take to clear the name check.
I submitted my spouse’s birth Certificate on Jan 10, 2006. No decision on our I-485 case.
Thanks
mka