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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
Recording for March 09, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
Can a person on H-1B or H-4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?
You can work if the company is non-profit. There is no issue as long as you do not get paid in any way. If it is a for-profit company you could have a problem unless they tailor make the program according to the principles of labor laws.
Update to Filing Location for U Nonimmigrant-Based Form I-485
U nonimmigrants applying to become lawful permanent residents must now file Form I-485, Application to Register Permanent Residence or Adjust Status
Laid off on I-485 AOS AC21
Recording for March 23, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Discussion Topics - March 23, 2023
FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||
Laid off on I-485 AOS AC21
Nonimmigrant Visas
Green Card
AC21, Adjustment of Status laid off related questions, including the following and more:
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Question: When applying for new jobs, do I need to ask for a new H-1B, or can I work using my current EAD and change employer?
Answer: You can go ahead and join with the EAD but keep the future plan of reactivating your H-1B.
Question: Like H-1B after termination, is there a 60-day rule? Does that rule apply to me also, even though I have an EAD?
USCIS Removes 60-Day Rule for Civil Surgeon Signatures on Form I-693
Release Date
U.S. Citizenship and Immigration Services is removing the requirement that civil surgeons sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit, including Form I-485, Application to Register Permanent Residence or Adjust Status. The requirement had been subject to a temporary waiver since Dec. 9, 2021.
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!