Highland Park, NJ asked in Immigration Law for New Jersey

Q: Husband & Wife with approved I-140. He goes on H4EAD, starts a business. Can I-485 be denied?

An Indian immigrant whose I-140 EB2 is approved from company A and waiting for filing I-485 (decades backlog). He gets a H4EAD and starts his business because his wife also has an approved I-140 (but much later priority date than him). Company A is Ok to give job when PD becomes current. Can the person start his business and then apply I-485 based on Company A job offer? He will take up the job and work for Company A. Can the officer reason that your business income is higher than Company A offers and hence I don't think you will work with them so I won't approve I-485?

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: With his EAD, he is allowed to start his own business.

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