gcprocessingsux
Registered Users (C)
With respect to AC21 Portability and its new rules, could an applicant be self-employed in the same field? I mean change the GC sponsoring company and start own company using EAD and work for it?
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Self employment Using AC21?
- Thread starter gcprocessingsux
- Start date
Yes you can
Self-Employment Allowed for AC21 Portability! Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485.
Other Salient Features of the Yates May 2005 Memo
Priority Date Maintained - Using portability under AC21 does not change the applicable priority date assigned to a case.
Qualifying Job Must Exist at Time of Adjudication The foreign national cannot still be seeking same or similar qualifying employment when the examiner reviews his or her case. There must be an appropriate job offer at the time the examiner is ready to make a decision.
Retrogression Does Not Stop the 180-Day Clock AC21 portability applies when the case has been pending for 180 days or longer. If the visa numbers retrogress during this time, the portability provisions still apply. There does not have to be a visa number available in order to port.
Self-Employment Allowed for AC21 Portability! Foreign nationals can port their cases to a self-employed position! This is a very favorable stance, as many foreign nationals desire to establish their own companies and, in that way, control their own destinies. The entrepreneurial spirit is strong among many immigrants. The Memo reiterates the need to show that the new position or job is the same or similar. It also states that the new employer and job offer must be legitimate.
In these situations, the USCIS is to focus upon whether the original job offer was really the intended employment at the time the I-140 and I-485 were filed. That is, the petitioning company must have intended to employ the foreign national beneficiary and the foreign national beneficiary must have intended to accept the position at the time of filing the I-140 and the I-485.
Other Salient Features of the Yates May 2005 Memo
Priority Date Maintained - Using portability under AC21 does not change the applicable priority date assigned to a case.
Qualifying Job Must Exist at Time of Adjudication The foreign national cannot still be seeking same or similar qualifying employment when the examiner reviews his or her case. There must be an appropriate job offer at the time the examiner is ready to make a decision.
Retrogression Does Not Stop the 180-Day Clock AC21 portability applies when the case has been pending for 180 days or longer. If the visa numbers retrogress during this time, the portability provisions still apply. There does not have to be a visa number available in order to port.
I think so too....
Jaggy,
I verified the statement above in Murthy.com. Looks like you can start your own company and port yourself to the company.
Since you will be working with a AC21/EAD status, there is no need for a H1B, so the company does not need to have a solid financial background required for H1B application.
Jaggy said:The above posting of mine is a new memo released by USCIS on the 27th May and it does clearly mention that self employment is allowed under AC21. Check the memo on murthy.com in the Adjustment of status section
Jaggy,
I verified the statement above in Murthy.com. Looks like you can start your own company and port yourself to the company.
Since you will be working with a AC21/EAD status, there is no need for a H1B, so the company does not need to have a solid financial background required for H1B application.