Here is my situation:
1. Principal Applicant on a Emplyment BAsed AOS, already entered Country on AP.
2. I have been with the same employer who has sponsored my GC for past 6 years.
3. My 140 is approved for more than 1 year now.
4. I am working for the end Clients through 2 layers - now I want to cutoff one layer (of the employer who has sponsored me for GC) as they are not ready to negotiate on the Salary.
5. My direct vendor is not ready to take me on his W-2.
1. Can I form an S-Corp and become an employee of the same? In other words, I would be one of the owners and also one of the employees.
What are the risks?
As per the Yates Memo interpretation from Attorney:
Self-Employment Allowed for AC21 Portability!
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.
Any of the gents here care to comment on this???