Immigration.com

EB1 Green Card

Laid off on EAD from EB1A, can I start an UNRELATED teaching business? Can I travel on Advance Parole?

1 month ago By Chief Editor
Question details

I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)
 

FAQ Transcript

If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.

Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.
 

Recording for February 20, 2025, Conference Call with Rajiv S. Khanna

1 month ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

 

FAQs:

1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?

2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion

3. NIW I-485 rejected: Refiling options and priority date usage?

Talent Visas Under Trump - EB-1A | O-1A | NIW/H-1B QnA, Feb 5, 2025

2 months ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Green Card

SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney

Recording for December 05, 2024 Conference Call with Rajiv S. Khanna

4 months ago By Chief Editor

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Topics Discussed:

FAQs: Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, and impact of client/location changes || Can I change employers and transfer my H-1B after revocation, or do I need to re-enter the lottery? || Impact of H-1B automatic revocation on future sponsorship and job change: What does 'Case Was Automatically Revoked' mean? || Applying for a second H-1B transfer after the 60-day grace period while a first transfer is pending

USCIS Issues New Guidance on EB-1 Eligibility Criteria for Individuals with Extraordinary Ability

6 months ago By Chief Editor

U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to further clarify the types of evidence that USCIS may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.

This policy guidance:

Recording for August 22, 2024 Conference Call with Rajiv S. Khanna

7 months ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: EB-1A Use Case -- STEM OPT cloud solutions engineer at a nonprofit university || Layoff on H-1B, Changing status from B-1/B-2 pending to F-1 || Impact of layoff on green card status and future naturalization || H-1B laid off: Second B-1/B-2 visa extension

Benefits of National Interest Waiver

11 months ago By Chief Editor
Question details

Two general questions,

1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?

2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?

 

FAQ Transcript

While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you.  For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship.  Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.

 

Subscribe to EB1 Green Card
Law Offices of Rajiv S. Khanna, PC
5225 Wilson Blvd, Arlington, VA 22205
110 W. Johnson St, Suite 213, Staunton, VA 24401

Copyright ©1993-2025, Law Offices of Rajiv S. Khanna, PC. All rights reserved.
IMMIGRATION.COM is a registered trademark of Law Offices of Rajiv S. Khanna, P.C.