Very Interesting Question

[mudbull.syne]

Question is - Can a person with EAD (after 6 months from the date of filing I-485)join a company registered under their spouse name.. when the spouse is also on EAD and company has reached a decent revenue level (enough as per rules to qualify to hire an employee)?

 

[manwithnoname]

I dont think you can move to that company using AC21. Gurus? Any thoughts?

 

[number30]

Question is - Can a person with EAD (after 6 months from the date of filing I-485)join a company registered under their spouse name.. when the spouse is also on EAD and company has reached a decent revenue level (enough as per rules to qualify to hire an employee)?

If you or your immediate relatives own more then 5% then you will fall under Family category. It will be illegal get the GC with your own company sponsoring you.

 

[TheRealCanadian]

If you or your immediate relatives own more then 5% then you will fall under Family category.

I think you're confusing this with the requirement for an affadavit of support for the primary applicant if there is a significant ownership percentage in the company. There are plenty of family-owned companies who sponsor family members for EB visas.

It will be illegal get the GC with your own company sponsoring you.

Not illegal (although the LC would need to be audited and in the old days RIR was not available). For AC21, it gets rather interesting.

 

[Dallas03096]

Question is - Can a person with EAD (after 6 months from the date of filing I-485)join a company registered under their spouse name.. when the spouse is also on EAD and company has reached a decent revenue level (enough as per rules to qualify to hire an employee)?

For the same question, this is what Attorney Matthew Oh had replied in immigration-law.com (Sorry. I don't have the link)

26: When you port after 180 days of filing of I-485, you do not have to prove that the new employer has a financial ability to pay the proffered salary. However, USCIS may turn around and indirectly pursue this issue by requesting evidence that the new employement was an "legitimate" offer of employment. It is a question of the existence of similar or same occupational classification and the financial ability to pay may be indirectly relevant. Such financial ability to pay issue may be overcome if the new employer establishes the existence of a legitimate job for the alien. USCIS cannot deny I-485 application on the new employer's financial ability of pay issue alone when there is an evidence that the new employer has a legitimate job for the alien. If you can enter into a good contract with the clients for your wife's or your own company, you can port to your own company. AC-21 portability is available even in the context of self-employment inasmuch as the following three requirements are met: (1) The new self-employment is in a same or similar occupational classification. (2) The self-employment is "legitimate" and there is indeed a bona fides job existent. (3) When I-140 petition was filed by your current employer, your employer truly intended to hire you for the offered permenent job once your green card is approved and you yourself also had the same intent to work for your employer once the green card is approved. When you have been working for the current employer for a number of years, it may be fairly easy to establish this requirement. However, when you are not currently employed by the petitioning employer, this third requirement will be a very challenging issue. All in all, if you can develop a solid business that requires your work similar or same to the I-140 occupational classification, you may be safe to port to such a self-employment type of business, provided that you should be prepared to provide all the aforementioned evidence once you receive RFE from the USCIS. For instance, if you are a computer consultant working at your employer's client site. For whatever reasons, the client does not want to continue doing business with your employer. The client is willing to give the contract to yourself for the same job. From the perspective of AC-21 portability, you may not anticipate too much problem. However, there is a potential issue of the breach of employment contract with your employer. Accordingly, unless either your employer consents to such change or there is no employment contract