Adjustment of Status

I-485 (EAD, AP, FP)

Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS).  The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions.

Immigration Law : 

Starting business while in AOS/I-485/H-1/H-4

1. Hi Rajiv I have a few questions about starting business in partnership. I am currently on H-1B , my I-140 is cleared and priority date is not current. My wife is on H-4 visa and she is interested in starting her own business with some one who has I-485 pending and has EAD. I will be the one who will be investing in this business but I won't be employed with that business. - Is this legal ? 2. Can you be a passive investor on H-1?

1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.

You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Does chargeability change with citizenship change?

I have attained Canadian Citizenship but a born Indian citizen, when I am applying for 485 which priority dates do I need to consider, General or India. I do not have Indian passport.

Still, India. Your chargeability follows the place of birth, not your citizenship.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Am I obliged to join my sponsoring employer after GC approval?

For past 7 years I work for company ‘A’ on their H1B visa (EB3). I had a I-140 cleared in 1998 from my previous company ‘B’ under EB2. Company ‘B’ filed for my I-485 in 2004 and I finally got my green card.

Quote: 1) Do I need to inform company ‘B’ and be in their payroll with immediate effect?
2) If company ‘B’ cannot provide me a job in my location and offer the salary I demand, is it a valid reason for me not to join ‘B’?
3) How should I inform company ‘A’ about my green card and what is the best reason to justify my case to continue work with company ‘A’?
or Should I inform company ‘A’ only when I fill the I-9 form next year Jan 2010.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Start-up applying for H-1 and AC21 for employees

If a new start-up IT consulting company wants to transfer H1 of a prospective employee who is already on H1 and working for his current H1 sponsor, what are the issues and feasibility for such a transfer? How can such a start-up IT consulting company go about hiring AC21 eligible folks on EAD? May this is the safest route in the beginning until the company gets more employees and grows revenue? Will the AOS of the prospective employee be safe if he is the only employee of this company in the beginning. Of course the company wants to expand in the future but has to start somewhere.

 H-1 by Start-up Companies

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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AC21 Portability and Related Issues

Quote:

Both me & my wife have EAD and have our full time job. My question is , it is possible for us to start a new LLC ??

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Further questions on AC21

I got laid off from work from my present employer on October 31, 2008 and I have 3 questions. Presently, my employer has sponsored both my H1B (completed initial period of 6 years) and Green Card (EB-2, with priority date 2006). I have filled my I-485 in July 2007 and is currently pending. My I-140 has been approved 2 years ago and my employer promised that he will not revoke it. I have approved EAD & AP both for the primary and dependent.

Quote:

 I would like to be on my H1B even with the new employer. To my knowledge we should file a new H1B within a month but due to the market situation if I have to get on to EAD then can I get back to H1B? If yes then with in how many days should I apply for H1B?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Supervisory review

Filed I-130 and I-485 oct 29/07,went for interview feb/08 and have not heard anything from immigration.Is this normal for USCIS.When I did infopass was told that case is under supervisory review,what does this mean.

Pretty much anything can be within the context of a case. Supervisory review means just that - a review by a senior level adjudicator. Usually, that means there is some unusual procedural or legal issue involved. The good news is that, means your case is being reviewed, the bad, we don't know for what. You can try to go through a Congressman's office to find out more if you like.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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AOS Pending, Should H-1 be Renewed

Should H-1 be renewed while the AOS is pending?

Bottomline - I think H-1 should be renewed.

A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:

One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Priority Date and AOS (Form I-485) Processing

Rajiv, this month’s visa bulletin shows our category is current. What does this mean for people who have already applied for 485. Have AP and EAD. And now their dates are current again? Does it mean they will get a GC via mail? What if I haven’t had my FP done yet?

As of July 2008, this is how the system works.

First, let me provide a little background. Priority Date is the date your PERM is filed (in Case of EB-1 or NIW – the date your I-140 is filed; in case of Family-based petitions – the date your I-130 is filed.).

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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