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Immigration
Adjustment of Status - I-485
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I-485 was denied
On June 20, I was denied on I-485, which was filed based on my EB1-A approved case. The USCIS thought I worked here illegally.
In May 2017, I entered the USA on an F-1 visa and have not left the country ever since. Until March 2018, I continued working remotely for my Russian TV company (based in Moscow). I received all the salary payments on my Russian bank account, and my job had nothing to do with the USA. I had that job since 2011.
In September 2017, I applied for EB1-A visa, and my case was approved in August 2018. During almost all that time frame, I was working remotely for my company in order to comply with the terms of EB1 visa. I have been consulted by lowers that it is totally fine to work for your native country company and that it does not violate the terms and conditions of nonimmigrant F1 status.
According to USCIS, however, the decision to deny my Adjustment of Status was made based on the fact that I continued working for my company in Russia, while I was physically present in the US as a foreign student.
I am seeking professional advice on how to proceed with my situation. The Field Office Director gave me two options: to file a motion to reopen or a motion to reconsider. Any information would be highly appreciated.
Thank you!
In May 2017, I entered the USA on an F-1 visa and have not left the country ever since. Until March 2018, I continued working remotely for my Russian TV company (based in Moscow). I received all the salary payments on my Russian bank account, and my job had nothing to do with the USA. I had that job since 2011.
In September 2017, I applied for EB1-A visa, and my case was approved in August 2018. During almost all that time frame, I was working remotely for my company in order to comply with the terms of EB1 visa. I have been consulted by lowers that it is totally fine to work for your native country company and that it does not violate the terms and conditions of nonimmigrant F1 status.
According to USCIS, however, the decision to deny my Adjustment of Status was made based on the fact that I continued working for my company in Russia, while I was physically present in the US as a foreign student.
I am seeking professional advice on how to proceed with my situation. The Field Office Director gave me two options: to file a motion to reopen or a motion to reconsider. Any information would be highly appreciated.
Thank you!
All Replies (3)
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