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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?

Ames, IA |
Filed under: Immigration

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



I agree with your lawyer.

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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 are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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