How many tax return to bring to green card interview?

[flybuzz]

Not sure if it's the right place to post this, but I am on H1, just wondering during the greencard interview, usually how many pay stubs and tax return do they ask you to bring?

 

[Keeme]

Not sure if it's the right place to post this, but I am on H1, just wondering during the greencard interview, usually how many pay stubs and tax return do they ask you to bring?

Last 5 years W2s and latest 2-3 paystubs.

Thanks,

 

[flybuzz]

Sometimes I see 3 years on the web. Is 5 years standard or 3 years is enough? Does they specifically say how many years on the request paper?

 

[nrp_nrp]

What happens if tax returns show Other income from business & investments etcbesides the W2. Is that a problem?

 

[Jackolantern]

Other income is not a problem, as long as it doesn't come from unauthorized work. Passive investment (stock market, being an investor in a business without actively running it) isn't considered "work" if you're investing your own money (i.e. not being paid to invest somebody's money). But EAD allows actual employment on the side, so even if you did other work it would be fine as long as you had an EAD while doing the work.

 

[LaborSeekar]

Is it OK to own a company while on EAD?

Other income is not a problem, as long as it doesn't come from unauthorized work. Passive investment (stock market, being an investor in a business without actively running it) isn't considered "work" if you're investing your own money (i.e. not being paid to invest somebody's money). But EAD allows actual employment on the side, so even if you did other work it would be fine as long as you had an EAD while doing the work.

Is it OK to own a company while working for another company on EAD?
Is this income valid? Can this be a problem in GC interviews?

 

[Jackolantern]

Is it OK to own a company while working for another company on EAD?
Is this income valid? Can this be a problem in GC interviews?

As far as USCIS is concerned, it's no problem at all to own and run a company on the side with an EAD that is associated with an I-485 (except that it would invalidate your H1 status).

The problem is if you try to work in your own company instead of (rather than in addition to) an established employer. While it is doable, self-employment as your only job invites lots of scrutiny and is risky.

 

[LaborSeekar]

Thanks Jackolantern.

As far as USCIS is concerned, it's no problem at all to own and run a company on the side with an EAD that is associated with an I-485 (except that it would invalidate your H1 status).

The problem is if you try to work in your own company instead of (rather than in addition to) an established employer. While it is doable, self-employment as your only job invites lots of scrutiny and is risky.

Jackolantern,

Thanks for the details.
I'm planning to continue on H1B visa while my spouse planning to start some kind of business using EAD. I'm the primary on our I-485. So, I'm not ready to take any risk. Right now my GC company is not my H1B company. They are separate.
1. What if I change job using AC-21, then there is no H1B. In this case I can own the company...right?
2. Can I work for the company if my spouse owns it while continuing GC with another company. I loose H1B though. What are the other risk involved in this case?

Thanks in Advance.

 

[Jackolantern]

1. What if I change job using AC-21, then there is no H1B. In this case I can own the company...right?

Yes, or you could just directly own the company without changing your regular job, and forget about the H1B anyway.

2. Can I work for the company if my spouse owns it while continuing GC with another company. I loose H1B though. What are the other risk involved in this case?

As long as the other company keeps the GC process going you are fine. But if they don't, the job at your spouse's brand new company won't necessarily satisfy USCIS as being "same or similar" so you'd have to look for another same or similar job.

 

[LaborSeekar]

Thanks. one more question.

Yes, or you could just directly own the company without changing your regular job, and forget about the H1B anyway.
As long as the other company keeps the GC process going you are fine. But if they don't, the job at your spouse's brand new company won't necessarily satisfy USCIS as being "same or similar" so you'd have to look for another same or similar job.

Thanks Jacolanthern.
What's the worst thing that couldn't happen? Interms of if I-485 with the other company gets rejected? Can I continue on H1B with my company if My I-485 with the other GC company gets rejected?
Since I got my EAD, I can start working with my client company scrapping my H1? In this case will I be at risk if I-485 gets denied? Do I need to leave country?
OR is it always better to better stay on H1B wither me or spouse until we get our I-485s? The reason I'm asking all these details are I really don't want to stay with my H1B company, They are creating problems.
Thanks.