Brick, NJ Immigration Law Firms & Lawyers

Your situation sadly illustrates the problem that arises sometimes when persons have to reschedule their cases with U.S.C.I.S. Unfortunately this is more than a rare occurrence. I suggest that you change your address with U.S.C.I.S. electronically. It is a close call, however, as I do recognize your concern, but in a close situation, it is usually better to do what is required. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Having such an EAD, you may be allowed to do such since the card allows open market employment. In addition, you may be able to use the EAD position as a basis of your green card if you are in the last phase of your immigration to the US, and have already had your I-140 petition approved and the I-485 adjustment of status filed. Under the rules of porting, you are allowed to move to a same or similar occupation and keep your case if the I-140 petition is approved and the I 485 has been pending for 180 days. U.S.C.I.S. has said that porting can be to self-employment so long as it qualifies under same or similar occupation. Please note, however, that the agency is getting more technical as to what qualifies as same or similar.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

You need to provide more information. A request for evidence is not a denial of the I751. However, if you fail to respond or respond insufficiently, the I751 will be denied and he will be placed in removal proceedings. You will still have a chance to appeal the decision or attempt to readjust status in the immigration court. You would be wise to contact an immigration attorney if remaining in the U.S. is important to you. Call me for a consultation.