AC21 AOS Portability Blog Entries

Fiscal Year 2023 Employment-Based Adjustment of Status FAQs from USCIS

The employment-based (EB) annual limit for fiscal year (FY) 2023 will be higher than was typical before the pandemic, though lower than in FY 2021 and FY 2022. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023.

One of the biggest problems in transactions with the USCIS is uncertainty and inconsistency. We are often confronted with decisions that are contrary to long-standing policy and may even be illegal.

This entry is now old law.  The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…

Note: Updated all of the regulations comments on 31 December 2015.  I will keep adding, as needed.

Please visit my LinkedIn article posted this morning for a detailed video discussion on this issue with Santosh ji, a member of our immigrant community:
https://www.linkedin.com/today/post/...ails-rr-rmpost

I am currently on H-1. I have a series of questions for you. This topic should be of interest to many people in the community. Could you please address these:
1. Can I start my own business while on H-1?
2. Can I be employed in my own business on my company's H-1?
3. Does it help to have partners from USA?
4. Can I get green card through a company I own?
5. What if my business is in Europe, but I work on it from USA? Is that legal?
6. Can I start business when I get my EAD on 485?