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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1  
Old 01-13-2008, 01:03 AM
shana04 shana04 is offline
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Default AC21 - Attorney Prashanthi Reddy Q/A conf

Attorney Prashanthi Reddy (A.P.R) Q/A confirmation regarding AC21

Assuming: 180 + Receipt date

1. A.P.R suggested that one can be on H1B and still work on EAD to work on part time, setup own business, work on 1099.

2. A.P.R suggested that one cannot work on business setup by one self i.e., working for self

I remember these two points from her recording, gurus your suggestions please.

Thanks in advance.
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  #2  
Old 01-13-2008, 06:25 AM
gc_chahiye gc_chahiye is offline
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Default

Quote:
Originally Posted by shana04 View Post
Attorney Prashanthi Reddy (A.P.R) Q/A confirmation regarding AC21

Assuming: 180 + Receipt date

1. A.P.R suggested that one can be on H1B and still work on EAD to work on part time, setup own business, work on 1099.

2. A.P.R suggested that one cannot work on business setup by one self i.e., working for self

I remember these two points from her recording, gurus your suggestions please.

Thanks in advance.
her second answer (saying you cant port to self) appears to contradict USCIS guidance in this matter:

http://www.shusterman.com/pdf/ac21-51205.pdf
Question 8. Can an alien port to self-employment under INA 204(j)?
Answer: Yes, as long as the requirements are met. .......
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  #3  
Old 01-13-2008, 10:27 AM
tnite tnite is offline
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Default

Quote:
Originally Posted by shana04 View Post
Attorney Prashanthi Reddy (A.P.R) Q/A confirmation regarding AC21

Assuming: 180 + Receipt date

1. A.P.R suggested that one can be on H1B and still work on EAD to work on part time, setup own business, work on 1099.

2. A.P.R suggested that one cannot work on business setup by one self i.e., working for self

I remember these two points from her recording, gurus your suggestions please.

Thanks in advance.
I think even the first one is misleading. One can start a company but working part time or on 1099 on EAD (still being on h1) is not true. Maybe there is a new memo I am not sure.
Does anyone have more info on that?

Its my opinion
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Labor RIR : Mar 25,2005
I485/I765/I131 RD : July 2, 2007
I485/I765/I131 ND : Sep 8, 2007
I485 RFE 09/08/2008 I20,MC,OPT EAD Replied 09/19/2008

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  #4  
Old 01-13-2008, 11:58 AM
chanduv23 chanduv23 is offline
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Originally Posted by tnite View Post
I think even the first one is misleading. One can start a company but working part time or on 1099 on EAD (still being on h1) is not true. Maybe there is a new memo I am not sure.
Does anyone have more info on that?

Its my opinion
Even if u don't have an EAD, you can have multiple h1s but you must be working Full Time on one h1b to maintain status. This could be in that context. ie work on h1b on primary job and also do part time stuff using EAD. Once again, this is not my opinion, I remember these things being discussed on forums before.
If anyone has info, please chip in
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  #5  
Old 01-13-2008, 03:16 PM
BMWX5 BMWX5 is offline
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Default

Quote:
Originally Posted by shana04 View Post
Attorney Prashanthi Reddy (A.P.R) Q/A confirmation regarding AC21

Assuming: 180 + Receipt date

1. A.P.R suggested that one can be on H1B and still work on EAD to work on part time, setup own business, work on 1099.

2. A.P.R suggested that one cannot work on business setup by one self i.e., working for self

I remember these two points from her recording, gurus your suggestions please.

Thanks in advance.
What is the success rate in AC21?
What would cause to fail.
Ex: Salary is way much higher or different Job code/description or different job title.
What is the criteria to approve or deny.
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  #6  
Old 01-13-2008, 08:53 PM
shana04 shana04 is offline
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Default why don't we come up with Do's and Do not's with AC21?

Quote:
Originally Posted by BMWX5 View Post
What is the success rate in AC21?
What would cause to fail.
Ex: Salary is way much higher or different Job code/description or different job title.
What is the criteria to approve or deny.
All experts guidance is needed
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  #7  
Old 01-13-2008, 08:59 PM
shana04 shana04 is offline
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Default Do's and Do not's with AC21

Quote:
Originally Posted by shana04 View Post
All experts guidance is needed
My thoughs with do and do not's with using AC21, but I may be worng.

Gurus can fix it so all those who use AC21 may benefit out of it.

Do's
1. Try to get job codes and Job description before trying to attempt for AC21
2. Wait until 180 days + Recipt date
3. Wait until I 140 is approved
4. Try to use H1B over EAD (just to be on safe side)
5. Try to find an employer over working for self (just to avoid more RFE's)
6. Send notification to USCIS about using AC21
7. Change attorney, use G28 to notiy USCIS
8. ...

Do not's
1. ...
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  #8  
Old 01-14-2008, 02:14 PM
shana04 shana04 is offline
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Default Any suggestions from IV Gurus

Any suggestions ?
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  #9  
Old 01-20-2008, 09:14 PM
sands_14 sands_14 is offline
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Default Similar minds

Guys,
Can a few like-minded "AC21" people form a S-corporation and therefore have the employer-employee relationship...

Is that workable???
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