Published on Lawyers.com and the Epoch Times on July 8, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

Can H-1B Holder Own a Website In U.S.?

I am currently working full time as an H1B Visa holder. I want to build an Ecommerce platform website and own it as an individual or partner with a Citizen cofounder. The website will be free and there will be no income or negative income for now. I want to develop and operate the website and marketing and managing it using my spare time receiving no salary or dividend. I want to know will this be against the law. And I want to know if the website goes really well, can I turn it into a profitable one and remain the owner without breaking the law?

Mr. Lee answers:

An H-1B holder can justify building a website and owning it where there is no income involved. If it turns into a business, then it is no longer a hobby and your working on it and deriving income would likely be seen as a violation of law. At that point, you can hand over the active management to a partner or hired manager. Your being a passive investor and only receiving dividends would probably be all right.

Q&A 2.

When I Stated working My Social Security Number Was Written With One Number Wrong. Is This a Cause for Deportation?

Mr. Lee answers:

As long as you have a legal right to work, your working on a social security number with one digit wrong is not cause for deportation. You should correct the number with your workplace if the number did not follow the number on your card.  If the number on your card is wrong, a good idea for you would be to go down to Social Security and fix the problem. This is of course presupposing that you are legally entitled to that number. 

Q&A 3.

Adjust Status Form I-485

I got a lawyer to do my papers of Adjust Status Form I-485. I gave her all the documentation requested and all what she had been asking for. Now I got a letter from USDHS that denied the application for lack of evidence of financial support from my sponsor (My US Citizen Husband) : "As you have submitted a partial response, you have requested a decision based on the record" said the letter. Also said, "There is no appeal to this decision. However, if you are placed in removal proceeding, you may be able to renew this application in such proceeding before an Immigration Judge" I need advice since I cannot trust this lawyer and it is hard to pay again another lawyer and all the fees. I gave the lawyer all the documentation immigration office was asking for but it looks like either she did not did not submit them completely, nor immigration had gotten them organized.

Mr. Lee answers:

It is difficult to know from your fact situation who is at fault, but it appears that you have an I-485 denial in which a partial response was given to U.S.C.I.S. You may wish to file a new application at this time and ensure that the documentation for the affidavit of support completely complies with all requirements, e.g. signed and properly filled out affidavit support form with the usual paperwork such as job letter, proof of recent pay, banking statements, and 3 years of tax returns.

Q&A 4.

What Are K-1 Problems/Issues We Might Run Into During the NVC Process?

I petitioned for my fiancé from Ethiopia with the USCIS about 2 months ago and the USCIS approved our case and they have forwarded our case to the NVC. Now I believe that everything will be ok and approved except the income part, I am and have been a student since Nov of 2013 and have only been working part-time since. My income will not meet the "Poverty Guideline Requirements", however I have found a friend of mine who has a bit of high income and willing to become a sponsor for us. What are the problems/issues we might run into during the NVC process?

Mr. Lee answers:

The NVC does not process K-1 fiancé visas. The processing is in the province of the American consulate or embassy in the home country that handles immigrant visa processing. Your fiancé will be given a checklist by the consulate or embassy stating what documents are required of which financial support is one. The main issue with most fiancé petition cases is establishing to the American consulate or embassy the bona fides of the relationship. So I would suggest that your fiancée bring as much proof as possible to interview of the constant communications between both of you including photos, emails, letters and other types of correspondence, telephone bills, etc.

Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.