Working for self with pending I-485

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weShallOverComeSomeDay

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Lets assume that I-140 is approved and I-485 has been pending for more than 6 months (required to use AC-21).

Now, instead of giving (donating) $ 20/ hr to the GC sponsoring employer, is it legal/feasible to open a company in my name, incorporate it and then work for the new company keeping the same job title. Of course, one would also inform BCIS about the job change.

Has anyone done this and/or is this feasible/legal.
 
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You cannot work for your own company and apply for GC. Instead I suggest you find some friend's company who can have you as an employee.
 
Frantic,

Your quote " You cannot work for your own company and apply for GC".

Though there are special cases/scenarios in which one can work for his/her own company even on H-1 but that's not the question I am asking. In my scenario, the applicants company (my new company) will not be "applying" for the GC but will be using AC-21 and potentially answering any RFE on I-485.

Correct me if I am wrong. One can have a company registered under her/his name even on H-1B and most certainly with approved GC. Only difference is that owner of the company cannot sponsor himself/herself on a H-1B. In case of approved I-140 , valid EAD and pending I-485 for more than 6 months this seems to a be a gray area...

Any thoughts.
 
Originally posted by vxmehra98
In case of approved I-140 , valid EAD and pending I-485 for more than 6 months this seems to a be a gray area... Any thoughts.
Click to expand...

You're right - it's a gray area. There's nothing in the statute or the regulation that appears to permit or prohibit it.

However, BCIS may take the opinion that since self-employment is not a valid way to get an H-1B or an EB-2 (non-NIW)/EB-3 Green Card, it is logical to extend that presumption to AC21 portability. If they do take such a view, I do not believe it is likely to successfully challenge such an interpretation. If the statute is silent, BCIS can make reasonable interpretations, and to me (IANAL) that would be a reasonable interpretation.

I mentioned in another area that I would not recommend such a step, and would only do it if you had no other alternatives. I do not see it having a high likelihood of success.
 
I doubt BCIS will be able to figure out this

I doubt BCIS will be able to figure out that you are working for your own company, unless you tell them about this.
Just don't name the company by your last name :)
This may even be a nice option for people who need to reply to RFE and don't have a job.
 
Now you have to have a company before you are employed, and it should be viable. However if you have a valid visa you can always form a company with some friends as investors. No one can fault you in being a passive partner, not capable of authorization in that company.
Once that is done the company can sponsor you and using AC21 you can move.
The only catch is that the company should be considered viable in terms of future potential / profit etc. to hire people. That should be easy to fix if you have lawyers.
 
Re: I doubt BCIS will be able to figure out this

Originally posted by PrinceOfDarknes
I doubt BCIS will be able to figure out that you are working for your own company, unless you tell them about this.
Just don't name the company by your last name :)
This may even be a nice option for people who need to reply to RFE and don't have a job.
Click to expand...

BCIS may be able to figure it out based on address. If company's address is same as beneficiary's address. You may be welcoming a problem. Just an idea.

Well, how about working for spouse's company, who is derivative applicant with EAD??????
 
I remember someone writing on Nebraska forum did similar thing during last year (2002). In that he wrote BCIS officer asked company‘s tax return for last three years. Ultimately he did not have and case got rejected. BCIS officers know about this trick. If you want play accepting that risk it is OK. It may be reasonable to do that if you have an established company of your own. Even in such cases BCIS may ask you to apply for the GC in investors category
 
To summarize, though it is possible to start your own company, be self employed and at the same time support (not apply) the GC application; it is risky to say the least and should be considered only if one run out of all other alternatives; unless BCIS comes out with a clear regulation/memo on the same.

Thanks for the nice discussion.
 
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How about this?

Working for a company who is sponcering your GC. But also been president in your own company without pay. That way, your own company can become subcontractor to the sponcering company and maintain legitimate relationship still you can maintain your own status. Caveat is, you need to find GC sponcering company. Probably there are many out there.. ready for piece of 'your pie' :D :D :D :D
 
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