Can I self-petition if I start my own business doing a similar job as my initial filing. If yes, what would I need to do?

Asked about 3 years ago - Ames, IA

I-485 case is pending for EB3 India, been on EAD for over 6 years now and been working the same position with same employer since initial filing. I had an attorney look over my case and was told it was possible for me to be self employed and do a self-petition now since my case has been pending for a long time, as long as it is a similar position and the pay is same or higher. I need a 2nd opinion on whether this is possible and if yes, what is the process? Are there certain criterias that need to be met? Any additional info would help! I wasn't able to discuss it further with him, I wanted to get a 2nd opinion first. I hope the information provided is sufficient to answer the question, if not I'll update the details as per requests. Thanks!

Attorney answers (2)

  1. Gen Kimura

    Contributor Level 18

    Answered . Hi,

    I agree with your lawyer.

  2. J Charles Ferrari

    Contributor Level 20

    Answered . If your I-485 has been pending for at least 180 days, your lawyer would be correct.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... more

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