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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?

Originally posted by tarakbharani View PostHi Rajiv,

I am currently on H1-B and my I-140 has been approved. Because of the delay in I-485 Processing, I was thinking of doing my green card through the EB-5 Category with a $500,000.00 Investment through a Regional Center or a New Commercial Enterprise.

The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.

Q. What happens if my priority date ('PD') retrogresses while my I-485 is still pending?

In a welcome move, US government is showing some understanding of the economic benefits of business and employment-based immigration.
Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas have outlined a series of policy, operational, and outreach efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.

There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue

This week, we have received an Oustanding Researcher approval in one day. I hope and wish we could see more of this lacrity in USCIS adjudications. Details of the case are here:
http://www.immigration.com/sample-ca...proved-one-day

I am reporting here comments from and my responses to a member of our community, "Julissa," regarding whether or how she could apply for a green card herself if she has a Master's degree. Do note, if a set of new immigration laws gets passed, all this could change. To keep track of developments in the pending immigration law reform, follow this link: http://www.immigration.com/comprehensive-immigration-reform

COMMENTS FROM IMMIGRATION.COM

Q. Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?

This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.

Regards to all. Rajiv.