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Investment property while on H-1 (Buying and renting out a house)
I am on H-1B visa and in green card process (waiting for I-485 date to become current). I would like to know if I buy and rent houses on my own name (without forming an LLC) and actively manage the activities (finding a renter, maintenance etc) and make profit out of those rentals, then would it violate my status?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/F0YZD8zWm88?t=694
FAQ Transcript:
Priority date loss upon revocation of I-140
1) Is there any difference between I-140 revoked by employer - vs - I-140 revoked by USCIS (say for fraud or misrepresentation) with respect to being able to retain the priority date with the new employer ?<br>
2) Changing from Employer A to Employer B - If Employer B files the PERM before I-140 by employer A is revoked by the employer A - would that help retain the PD corresponding I-140 to employer A ? In other words, are there any specific scenarios in this case - where the PD could be retained based on the first I-140 approval ?
As far as we know, USCIS has once again revered its position and has stated that priority dates will be retained if the revocation is based upon an employer's request. See: the blog entry here
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: December 2015
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
Writ of Mandamus against delay
I am currently pending I-485 (EB3, skilled worker employment based, priority date Oct 2008) since April 2014. I submitted inquiries through congressman, they received a letter that my case is on hold indefinitely. Do you recommend filing Writ of Mandamus or would that cause a denial? What other actions can I take, I've submitted a case through the Ombudsman and met with a USCIS officer through Infopass appointment (who told me nothing). No RFEs have been issued for this case, I-140 was approved and fingerprinting done (twice, since first set expired).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/F0YZD8zWm88?t=333
FAQ Transcript:
Writ is simply order of the court or a formal order.
Guestbook Entry for NChakraborty, United States
Guestbook Entry for Margareta Vamos , United States
I received my permanent resident stamp in my passport on June 18, 2004, ending these significant and challenging 5 years of my life. I would like to thank to Rajiv S. Khanna and his staff for their outstanding work to help me in this important process.
I would like to mention that due to the immense I-485 backlog I had to have my EAD and AP renewed each 2 times. The Law offices didn't charge me for the unexpected extra amount of work.
I would like to show my special thanks to Leila Lehman, who was always there to answer instantly to all my questions and worries during the last 27 months of I-485 processing.
Also, I would like to thank to the entire staff especially to Diane Lombardo, Homa Naderi, Lakshmi Kompella, Mathew Chacko, Pooja Sama, Savita Krishnamurthy, Shivane Sharma, Subha Chennunhotta, Suman Bhasin and Vijay Durgam.
I have a couple of friends who went through the permanent residency adjustment of status process helped by the team from the Law Office of Rhajiv S. Khanna, and I witnessed their smooth processing.
I will always think about Mr. Khanna's team as great professionals and great people who helped me with, perhaps, my most important step in my life.
Guestbook Entry for The KUP family, United States
Dear Rajiv, Suman, Diane and Leila:
I wish to thank all of you for your excellent co-operation and help at all stages of our GC application.
On 7/20 we saw the online notice about the APPROVAL of our I-485 petition. We/you had filed an RFE on 7/16. Me and my family are very happy that the decision process was so quick, and all this would not have been possible without your valuable guidance.
At this stage I have two requests: 1) Most likely the approval notice will be received by your good office and we would like to have a copy of the same. Could you please email us upon receipt of the Approval, so we could forward you a fax number? 2) What is the next step after receipt of the I-485 Approval notice?
Once again many thanks to you and your excellent team for all the help all the way.
With best regards,
The KUPs.
Guestbook Entry for Kashif Syed , United States
I got my I-485 approval on July 20, 2004, ending a long nerve wrecking wait of almost 4 years. I would like to thank Rajiv S. Khanna and his staff for their outstanding work to help me in this important process.
I had to have my EAD renewed 2 times due to immense backlog. But I was not charged for the unexpected extra work.
I would like to show my special thanks to Leila Lehman, who was always there to answer instantly to all my questions during the I-485 processing.
Also, I would like to thank the entire staff especially to Diane Lombardo (Labor, I-140 and other paper processing), Suman Bhasin (for all those complicated and subtle questions), and Rajiv S Khanna (for indirectly answering my convoluted questions) and every one else who helped me during the process.
I have a couple of colleagues who went through the permanent residency adjustment of status processed by the team from the Law Office of Rajiv S. Khanna, and I have never heard anyone complaining.
I would like to extend my gratitude to the entire staff and thanks them for their professional assistance. For without it I would not have seen this day.
Rajiv and team was an excellent support and a great help for one of GC case.
Case: The applicant is working with company A and have I-140 under EB3. Applicant want to move to other company and want to port the priority date under EB2. Solution: Rajiv and team (Art) have created a customized plan to achieve this success. Rajiv was personally involved to make sure all the paper works are correct. Based on his 25 years experience and a novel team he could able to successfully port the new I-140 under EB2 with older priority date. Not only that, he also filed the I-485 along with new I-140. His fee for the whole process was very competitive. More over that, he and his team support in through out the process was unparalleled. He and his team was always answered the question asked without any delay. This is great service providing by your firm and making sure every case is managed under the immigration law of this country and open the path for more legal immigration like this applicant. Thanks!