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  #1 (permalink)  
Old 03-16-2010, 11:44 AM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
01/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: May 2007
Posts: 118
H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold
Default Attorney: Is this Self-Employment?

This question is for Attorneys : Your help is much appreciated in this matter:

I am EB2 (India) Primary, PD - Sep 2005.
Have I-140 approved 4 years ago and I-485 filed in Jul 2007.

My wife (dependent on my I-485 app) using EAD started own IT Consulting S-Corp Inc in 2007 November and she has been running it since then on her own (she is the only owner and only employee).

Now If I join her company using EAD as W-2 Employee (providing IT Consulting to clients based on Contracts),

Q1. Is it considered Self-Employment?

There will be always enough money coming in the company to pay more than my prevailing wages and I can show Purchase Order from prime vendor to prove same-similar job.

Q2. Are there other risks involved? like getting EAD extension, etc.


Thanks a lot for your time and input.

Last edited by H1bslave; 03-16-2010 at 02:46 PM.
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  #2 (permalink)  
Old 03-16-2010, 03:37 PM
Member
Priority Date
:
Sep-07
Category
:
EB2
I140 Mailed Date
:
09/19/2007
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
10/03/2011
Compare
Join Date: May 2007
Posts: 30
desighee is a jewel in the rough desighee is a jewel in the rough desighee is a jewel in the rough desighee is a jewel in the rough
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Quote:
Originally Posted by H1bslave View Post
This question is for Attorneys : Your help is much appreciated in this matter:

I am EB2 (India) Primary, PD - Sep 2005.
Have I-140 approved 4 years ago and I-485 filed in Jul 2007.

My wife (dependent on my I-485 app) using EAD started own IT Consulting S-Corp Inc in 2007 November and she has been running it since then on her own (she is the only owner and only employee).

Now If I join her company using EAD as W-2 Employee (providing IT Consulting to clients based on Contracts),

Q1. Is it considered Self-Employment?

There will be always enough money coming in the company to pay more than my prevailing wages and I can show Purchase Order from prime vendor to prove same-similar job.

Q2. Are there other risks involved? like getting EAD extension, etc.


Thanks a lot for your time and input.
don't work for your wife's company..this'll make her more powerful, and this all powerful employer will certainly intrude on your private matters too including what u eat and how u dress,and all its dealings with you will be undocumented and cannot be questioned in the court of law ...husband are any way powerless and this will make her invincible
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  #3 (permalink)  
Old 03-17-2010, 04:55 PM
Senior Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
01/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: May 2007
Posts: 118
H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold
Default

Still looking for someone to respond.

Your help is very much appreciated
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  #4 (permalink)  
Old 03-17-2010, 06:41 PM
Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
07/04/2007
Chargeability
:
Singapore
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/04/2007
Compare
Join Date: Jul 2007
Posts: 51
fittan is a splendid one to behold fittan is a splendid one to behold fittan is a splendid one to behold fittan is a splendid one to behold fittan is a splendid one to behold fittan is a splendid one to behold fittan is a splendid one to behold
Default

Yes...basically what you're doing is using AC21 to port your I-140. Instead of to another company, you're porting to your wife's. Check out question 8 from the link below:

http://www.uscis.gov/files/pressrele...ntrm122705.pdf

Fittan
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