Can I start my own company while 485 pending? My 140 approved long back & 485 pending since 2 yrs...I have valid EAD and AP & still on H1b. I do not plan to work for my company, but my spouse will be actively working on it with valid EAD. Pl. advise if this will cause RFE on my 485 pending application.
Thanks!
RFE is unlikely if you keep working for the same employer who filed the I-140, while maintaining this other company on the side. However, if you actively work for this new company, your H1B would be invalidated if USCIS finds out.
It is unlikely USCIS would know about that side company. At this stage you are not required to report your ownership or employment with it to USCIS. They're almost surely not going to find out unless there is a triggering event that causes them to investigate your employment details, like if you left the original I-140 employer, or perhaps if you apply for an H1B extension.
In this case the OP plans to stay with the same old main full-time job and own the company on the side. That would not raise any alerts with USCIS.Same question I had asked my lawyer long back and she advised me that hang on with your job and don't start anything, Just I am giving this information what I got from lawyer.