Search
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
Changing from EB-3 to EB-2 Category
I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Procedure for Porting a Priority Date from One I-140 to Another
I have two approved I-140`s in EB-2 from two different companies with same A# on them. One with 2009 PD and other with 2011 PD. I am working for the company with 2011 PD . 2009 case was approved after the 2011 case so we could not port the date at the time of filing for 2011 case I-140. Now my question is do I need to file for amendment to port the 2009 date? Or am I eligible for filing I-485 without the I-140 amendment? Both I-140's are alive and employer did not withdraw any of them.
PD (priority date) date transfer is supposed to be automatic. We don’t have to do anything about it and it is my understanding what USCIS does is they do periodic sweeps in fact several times a month. They do a sweep like queries of their database and whoever is entitled to whichever priority date at the earliest they automatically assign that to you. So if you have one I- 140 approved earlier another I-140 going on or approved they will automatically assign you the earliest priority date to which you are entitled. That may or may not reflect in your approval though. So just because it does not reflect in your approval it doesn’t mean that you are not going to get the earlier priority date. You can confirm it by opening a service request. You can confirm by asking them your priority date.
Hence the answer is you are eligible for filing I-485 automatically when the 2009 date becomes current. All you have to do is attach a copy of the earlier approval notice with it along with the current approval and you should be fine.
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!