I thought I will share this with participants here
about the risks involved in opening a company on I-485
and do a self-sponsorship. These are not my views but
ideas based on several articles posted on this subject
at various immigration eb sites.
A beneficiary or his dependants are NOT restrcited
from owning a company on I-485 but he or the dependants
CANNOT own, be a partner or hold an office on profit
of the company for the purpose of sponsoring his own H1 or
green card.
That means, as long as the intention is to just conduct business,
it' s OK but it's not OK to do a self-sponsorship (conflict of interest)
Also, at the time of I-485 interview, the officer would look
to see if the employement offer is genuine and if the company
has sufficient history of paying taxes, wages and renenue.
This could be in the form of corporate tax retunrs
and quarterly tax reports. This is for the cases
where the new employer is not the one who originally filed
the I-140 petition.
Lately, there is lot of news that the INS is paying lots of
attention to desi comapnies who are conducting business with
the express intention of doing self-sponsorship. This is
happening in the bay area and it is fast spreading to other
INS service centers. I have also see one case where the I-485
was denied and the beneficiary had to leave the country
because the beneficiary opened a company on I-485 and did
a self-sponsorhip.
So, it would be wise to look for genuine employment with a
company (big or small) who has a establiched history of
conducting good business and that you don't own, atleast until
GC is approved.
about the risks involved in opening a company on I-485
and do a self-sponsorship. These are not my views but
ideas based on several articles posted on this subject
at various immigration eb sites.
A beneficiary or his dependants are NOT restrcited
from owning a company on I-485 but he or the dependants
CANNOT own, be a partner or hold an office on profit
of the company for the purpose of sponsoring his own H1 or
green card.
That means, as long as the intention is to just conduct business,
it' s OK but it's not OK to do a self-sponsorship (conflict of interest)
Also, at the time of I-485 interview, the officer would look
to see if the employement offer is genuine and if the company
has sufficient history of paying taxes, wages and renenue.
This could be in the form of corporate tax retunrs
and quarterly tax reports. This is for the cases
where the new employer is not the one who originally filed
the I-140 petition.
Lately, there is lot of news that the INS is paying lots of
attention to desi comapnies who are conducting business with
the express intention of doing self-sponsorship. This is
happening in the bay area and it is fast spreading to other
INS service centers. I have also see one case where the I-485
was denied and the beneficiary had to leave the country
because the beneficiary opened a company on I-485 and did
a self-sponsorhip.
So, it would be wise to look for genuine employment with a
company (big or small) who has a establiched history of
conducting good business and that you don't own, atleast until
GC is approved.