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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
March 31, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics, Thursday, March 31, 2022:
FAQ: Impact of criminal misdemeanor case on an F-1 or any status || Protecting immigration status: Traveling with advance parole, divorce proceedings and an entrepreneur on H-1B visa
April 28, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, April 28, 2022:
Guestbook Entry for Vijay, United States
I wanted to take this opportunity to write about my experience with in regards to the interaction with Mr. Rajiv Khanna's Law firm. I consulted with Mr. Rajiv and explained my situation to him.
Scenario My case was complicated in nature , in the sense, that my attorney who applied for my GC was fired from my company and when priority date became current, I could not proceed without the I-140 Physical copy which was needed to fill out the various immigration forms. As a applicant caught in between an attorney and my company, I was basically left in the lurch and was told that without I-140 physical copy, I wont be able to apply for my I-485.
After waiting for 10 years in line, this was not what I wanted to hear.
Hence I got in touch with immigration.com and spoke to Mr. Rajiv. I want to say this, in the first 5 minutes of the conversation, I knew I can apply for the i485 with all the documents that I have and could request I-140 through FOIA. Mr. Rajiv talked to me in such a manner that I got my confidence back which I had lost with my own attorneys from my company.
I was told about the process and Mr Rajiv, explained to me how to deftly (Practically and Kindly) to handle the attorneys of the company to get what I wanted from them without ruffling feathers (AKA Ego's).
I made notes while have the consultation and I executed what I was advised.
The wealth of information and the confidence he gave me are the only reasons why I was able to handle the stress that I was going through that day.
All in All, It worked out and I got what I wanted.
For all of that, I am humbly grateful.
Om Sai Ram, Vijay
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!