Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > AC21 Portability after 180 days of 485 filing
Click to log in with Facebook
AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 07-08-2009, 06:02 PM
Junior Member
Priority Date
:
Oct-06
Category
:
EB3
I140 Mailed Date
:
11/06/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 19
supreet will become famous soon enough supreet will become famous soon enough
Default 1099 on EAD

Hello All,

After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.

Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?

OR

Is being on 1099 while on EAD a bad idea and I should stay away from it?

Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.

Thanks all for you replies!!!

- S
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 07-09-2009, 02:45 PM
Junior Member
Priority Date
:
Oct-06
Category
:
EB3
I140 Mailed Date
:
11/06/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 19
supreet will become famous soon enough supreet will become famous soon enough
Default

Any suggestions?
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 07-09-2009, 03:09 PM
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
01/01/2000
Chargeability
:
Brazil
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2000
Compare
Join Date: Jan 2006
Posts: 580
Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
Default

Quote:
Originally Posted by supreet View Post
Any suggestions?
Working on EAD for a short time, even in a different occupation, with 1099 is not an issue. However, this will not satisfy the requirement for 485 approval. You must have a valid fulltime, permanant job offer in the same or related occupation at the time of 485 approval as well as when they issue a RFE regarding your employment.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 07-09-2009, 03:14 PM
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 193
reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of
Default

well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?

Last edited by reddog; 07-09-2009 at 03:16 PM.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 07-09-2009, 03:21 PM
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2008
Compare
Join Date: Jan 2007
Posts: 604
kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute
Default

Quote:
Originally Posted by supreet View Post
Hello All,

After being without job for almost 2 months, I am getting an offer for a short term project on 1099. Project is in my field and my job responsibilites are exactly same as what was approved on my labor. I am a Jul 07 filer.

Now, if in the next few months I get any Employement Verification RFE, what are my options? How can I answer the RFE while on 1099? What kind of documentation will I need? Has anyone successfully answered an EV RFE while on 1099?

OR

Is being on 1099 while on EAD a bad idea and I should stay away from it?

Related questions - I am not planning to file AC21 at this time as this is a short term contract and I don't want to 'notify' USCIS of any changes at this time. Can there be any potential issues of not filing for AC21 in such cases? My EAD will be up for renewal in Sept 2010 and I am hoping to be in a full time permanant position by then.

Thanks all for you replies!!!

- S
Nobody is going to promise you more than 6 weeks to 3 months in todays economy. I would say explore the "self employment" option by using EAD. Consult a lawyer and no need to file AC21. Let them find out. Keep looking for better options. All the best!
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 07-09-2009, 03:22 PM
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2008
Compare
Join Date: Jan 2007
Posts: 604
kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute
Default

Quote:
Originally Posted by reddog View Post
well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?
Getting a letter is not a big deal. What if I am a full time consultant in that company?
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 07-09-2009, 03:34 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
04/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Feb 2006
Posts: 267
FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of
Cool

The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.
__________________
PD- EB2/India - 12/21/2005, NSC
485 applied 08/02/2007,
FP - 10/07, 140 approved.
Did not apply for EAD and AP
GREENED Aug 12, 2010

************************************************** ******************************
If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #8 (permalink)  
Old 07-09-2009, 03:39 PM
Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2009
Posts: 34
browncow is a jewel in the rough browncow is a jewel in the rough browncow is a jewel in the rough browncow is a jewel in the rough
Default

Quote:
Originally Posted by FinalGC View Post
The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 07-09-2009, 03:48 PM
Senior Member
Priority Date
:
Before 2000
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 1,569
desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
Default

Quote:
Originally Posted by browncow View Post
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
The AC-21 job offer must be full-time and permanent.


.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 07-09-2009, 04:02 PM
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2008
Compare
Join Date: Jan 2007
Posts: 604
kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute
Default

Dear Friend:

Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.


Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way All the best!
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 07-09-2009, 04:05 PM
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2008
Compare
Join Date: Jan 2007
Posts: 604
kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute
Default

damn the attachment. Sorry buddy I tried cant upload here.
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 07-09-2009, 04:06 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
04/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Feb 2006
Posts: 267
FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of
Default

Quote:
Originally Posted by browncow View Post
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Answer is NO.
__________________
PD- EB2/India - 12/21/2005, NSC
485 applied 08/02/2007,
FP - 10/07, 140 approved.
Did not apply for EAD and AP
GREENED Aug 12, 2010

************************************************** ******************************
If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 07-09-2009, 04:07 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
07/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
Compare
Join Date: Mar 2006
Posts: 387
sanju_dba has a reputation beyond repute sanju_dba has a reputation beyond repute sanju_dba has a reputation beyond repute sanju_dba has a reputation beyond repute sanju_dba has a reputation beyond repute sanju_dba has a reputation beyond repute sanju_dba has a reputation beyond repute sanju_dba has a reputation beyond repute sanju_dba has a reputation beyond repute sanju_dba has a reputation beyond repute sanju_dba has a reputation beyond repute
Default where is it?

Quote:
Originally Posted by kshitijnt View Post
Dear Friend:

Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.

where is the attachment?

It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 07-09-2009, 04:24 PM
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2008
Compare
Join Date: Jan 2007
Posts: 604
kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute kshitijnt has a reputation beyond repute
Default

Quote:
Originally Posted by sanju_dba View Post
where is the attachment?

It was a long time dialogue from various websites / including my attorney , that you cannot work for your own company on AC21 basis.
http://www.ilw.com/lawyers/immigdail...,0520-ac21.pdf

Here is the link. Your attorney is not the law. Some other attorney might say you can do it.
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 07-09-2009, 04:27 PM
Senior Member
Priority Date
:
Before 2000
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 1,569
desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
Default

Quote:
Originally Posted by sanju_dba View Post
where is the attachment?
Here is the memo. USCIS Link

Refer to Page 6.

Quote:
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.
..............

.
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
h1-1099 pointlesswait Non-Immigrant Visas 4 06-09-2009 03:35 PM
On EAD : 1099 or W2 vivache Work/Travel options after 485 : H1 Versus EAD/AP 1 02-01-2009 04:09 PM
EAD and 1099 PrayForEveryone Starting and Doing Business in USA 6 01-15-2009 05:50 PM
1099 ON h1 brick2006 Out of status, employment gap and status revalidation 6 12-16-2008 04:51 PM
Ead And 1099 neerajkandhari All other Green Card Issues 0 03-16-2008 11:47 AM



All times are GMT -4. The time now is 03:39 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org