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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 Hari & Anju Nayar, United States
Hello, My interactions with the Law offices of Rajiv S Khanna started in Aug 2004 when I first applied for my H1 visa. Ever since, I have reached out to Mr. Khanna, Mr. Chacko and other support personnel (Ms. Mehta, Ms.Bhasin, Ms.Baker) for all my immigration related needs. This group of professionals is the best you can ever hope to find to help you navigate the complex and painfully slow immigration process. Rajiv and his team form a tremendous body of knowledge and the beauty of this group is that they provide their expertise as a 'service'. It is true that the law firm charges fees for processing ones case, but the amounts charged are far less than what one would have to pay elsewhere for service that is typically not on par. Mr. Khanna himself has called me on numerous occasions to clarify a question or seek more specific detail....it amazes me that the seniormost attorney in the firm takes time to do this and that too without charging a single dime for a personal call. My wife and I used Rajiv's offices to handle our Green Card application. The process was lengthy and stretched over 6 years from start to finish. I'm glad to report that the GC was granted. Without Rajiv's group supporting this would have been a nightmare. The team that handled my case did their work in the most professional manner possible. I got prompt replies to my emails, voice messages and on occasion even emails and calls over the weekend. I have probably inundated mailboxes with questions and counter arguments...never once have I been discouraged from asking questions nor have I not gotten a clear and definitive answer for my queries. Over the green card process, Rajiv's group renewed my Advance Paroloe and Employment applications (for my wife and I) three times. They have never sent me a bill for this, stating clearly that this falls within the overall green card application process. In my comments above, I emphasize on many occasion the financial matters related with this firm. It is also important to highlight the humane treatment you are accorded by everyone I worked with. The support staff and attorneys clearly understand the emotional stress involved in the immigration process and they treat you with respect and dignity. I have referred many friends of mine to Rajiv's office and they all state similar commendable experience. In short, I am glad I found this group of brilliant immigration attorneys and support personnel. I'm glad they were on my side and helped me win permanent residency. I can state without any hesitation that you will not be disappointed if you choose Rajiv's group to represent you. The level of service and support you will receive from the Law offices of Rajiv S Khanna will be far more than what you ever dream about. Many thanks to everyone at Rajiv's office for all the hard work. If there is anything I can every do in return please let me know....
Guestbook Entry for Neeraj Sharma, United States
I got my physical Green Card today. It has been a long 4-5 years and I must say that it could have NOT been possible without the constant support, guidance, diligent and patient hard work put in by Mr. Rajiv S Khanna and his stellar team of Mathew Chacko, Prerna Mehta, Richa Narang and others who I have interacted with in the past and are probably no longer with the law firm. This team was always a step ahead, instantaneous in answering ANY questions whatsoever. I have even spoken to Mr Rajiv himself at one occasion since I was really concerned about some issues and even though being extremely busy was very nice in giving me a phone appointment the very next day. He, along with his team were very courteous, non judgemental and above all very humble in their approach and conversation. I could NOT have been able to get through with this entire process without them. I did not receive any RFE, everything was done in time and with utmost precision. Once again Many thanks from the bottom of my heart. Neeraj
With I-485 pending can I be an investor ?
My 485 is pending and I am on advance parole and EAD, my employment based GC priority date date was June 2006. I want to be an investor in my friends start up company. I wont be leaving my current job but only investing in it. Should that be an issue If I dont have my GC?
I see no problem with it, especially, if you are a passive investor who takes no action to manage or conduct the business of the entity invested in.
Guestbook Entry for Sami, United States
I came to the United States by an H1B visa. The H1 visa was filed through my company's attorney which later I asked them to apply for my green card as well. Unfortunately, the attorney made several mistakes and I cancelled my contract with them. After some research and asking from friends and colleagues, I decided to go with the Law Offices of Rajiv S. Khanna whose web site, immigration.com is well known. Obviously the cost was higher than our company's attorney but I used to hear lots of sad stories about how some unexperienced attornies lost the customer's hope, time, and money. So, I think it was really worth it because last week I received my green card after less than 3 years. This is a very good record for EB2 category. Another Iranian friend of mine took about 7 years to get his GC! Heather Riddick, Art Shifflett, Mathew Chacko, and Rajiv Khanna worked on my cases during this time and I am extremely satisfied by their experience, knowledge, care, and accuracy. Cheers to all of them and thanks again!
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!