Can I found an LLC and not transfer the I-140 to the new company?
Due to the shortage of Visa numbers for workers in category EB-3 (my category) to change status can it still take a while until I get the actual Green Card. I also have to wait 6 months to pass the probation period and become full permanent resident.
I don't want to change companies and transfer my I-140, but I want to found an LLC company on the side for liability and tax purposes. My current sponsor company would not oppose this. The income made by the LLC will be passive income.
Am I allowed to found an LLC in my current situation, without the need to change anything in my current Green Card process?
Second Question: Is the early invite by the USCIS to get my biometrics a good sign and I maybe can expect to get a Visa # soon (this year)?
Answer:
The I-485 shouldn't be filed until a visa number is available, so if you correctly waited to file until you reached your priority date, the wait time for approval should be less than a year. The biometrics appt. doesn't necessarily signify quicker processing. Don't know what you mean by 6 month probation period.
The LLC on the side would still be regarded as work by USCIS, so make sure you have blanket work authorization (EAD), not just an H-1B that ties you to the petitioner. With regard to not porting the I-140--if you mean you are and plan to continue working for the petitioner within the parameters listed on the I-140, you should be fine. One thing, if the LLC comes up, USCIS can potentially question your intention to work for the petitioner upon approval, so you may want to have a porting argument available anyway.
Your questions are pretty involved. You may want to spend a couple hundred dollars on a 1 hour consult with a business immigration lawyer. You don't want to use the one your employer uses as there's a conflict there. Good luck.
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