I-485 filed and Starting Own Business

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485Business

New Member
My I-485 was filed in Feb/2002. My I-140 was approved in Nov/2001. I hold Current EAD and Advance Parole documents that are valid until Feb/2004. I am a management consultant and want to start my own Management Consulting company. What happens to my I-485 if I quit my current job now to focus on my own S-Corp startup business? Does portability apply given that I am planning on doing the "exact same job" but for my own company? Thanks in advance for you advice.
 
You cannot sponsor your greencard from a company that you or a family member own more than 5% in. They've done this to prevent fraud. I am in the same boat. I too have started a company on the side and it's doing very well financially. However, I cannot leave my current position with the sponsor to work for my own company. You have to maintain a full time, permanent position in another company.
 
how long?

Let's say we already have 485 approved.

After that, how long do we need to continue with the sponsor (or other employer) until we can join our own business on a full tiome basis?
 
There's no set number. You have to have intent to work permanently for your employer when getting the green card. Some people say 3 months, some say 6 months, some say 1 year after you get your approval is a good time to leave. Just remember that at some point down the road, you may have to prove that you fully intended to stay with your sponsor. I think quitting shortly after your green card is approved would lead anyone to question your intent. (Unless of course there was something negative going on with the employer).
 
Business

ravioli: Thanks for the input. I understand that we have to be with the sponsor for about a year, but can we just leave the employment totally after about a year or so and join a business? I mean if we leave the sponsor, are we expected to join another co. and still stay in the same type of employment? If we join business on a full time basis, wouldn't it create a problem at the time of applying for the Citizenship? So, I think the best bet is to stay with the sponsor for a year or more, still continue the same type of job for another 1-2 years, and then think about the full time business.

Of course , a part time business should be ok, and that's why I admire 485Business's idea that he is doing it along with the job.

485Business: Do you mind sharing just the info. about what type of business you are in? Is it a home based, retail, marketing type or some other type /combination? Of course you don't have to be exact, but it will help some of us to get an idea.
 
I don't believe it would have to be the same type of business. As long as I am working, and paying taxes, there should be no issue. The only promise made was that I wouldn't become a charge of the government. (welfare). If I decided to go flip burgers at McDonalds, there should be no issue. (of course, it would be awful hard to feed my family).

Once you get the GC you are a permanent resident, free to go wherever you choose.

They say people will change careers 4 times in their life. I can't see staying in I.T. until I retire. The business I started really has nothing to do with computers at all. It's a nice change.

That's just my opinion.

Rav
 
Hi Ravioli,
Are you taking paychex from your side business too?.
I mean are you in payroll of your side business. Let me know? .
I am also planning something like this. I finished finger prints after filing of 485.
 
Yes I am. But I have an EAD. If you do not have an EAD, you cannot take a paycheck from it. In fact, you cannot even work for it, even for free.
 
I have the EAD too. My wife also got the EAD. I will be working in the night. Will it be ok to be in the payroll.?
 
I am on the payroll in my company.

But I want to clarify, I am not a lawyer. The best advice I can give you is to consult a lawyer and read the INS guidelines for yourself. They're a real boring read, but it's better to educate yourself in the process than to rely on the advice of others. (That is not meant as a slight against anyone, but in the GC process one mistake could be very costly).

Best of luck to you in your future endeavors.

Rav
 
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