Hope this helps

What you need to do is to collect enough evidence to support your job similiarity and self-employment eligibility.

(June 2005)
Q: In the recent AC21 guidelines, there is scenario of self-employment. Could you elaborate related issues, risks etc involved because there is a general confusion on this among IT professionals. Please cover in the newsletter article if there are lot of concerns.

Attorney Murthy : We have always informed people that AC21 seems to allow a person to work for a company or business set up by that person. Certain issues like the financial viability of the new employer could be relevant to show that there is a bona fide job opportunity available. But, other than that, AC21 as confirmed by the May 12, 2005 Yates Memo points out, that a person may continue the GC or I-485 if the new job is in a same or similar job occupational classification implying that the nature of the employer is not relevant, but submitting evidence of the nature of the position or job to show that it is similar to that mentioned on the LC and I-140 petition.

***************
Self-Employment Allowed for AC21 Portability! (May 12, 2005)

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.

所有跟帖： 

• 回複：Hope this helps -很累仔- ♂ (38 bytes) () 01/10/2008 postreply 23:17:53