Please visit EB5Projects.com for current information on EB-5 Visa Investments and Regional Centers

Question:

0 people likes this

How can I maintain H1-b while applying for Eb-5? I am currently working in the US with H1-b. What I'd like to do is to apply for Eb-5 and at the same time maintain H1-b status until I get the permanent green card through Eb-5. Given the long process of petition approval and the risk of I-829 being denied, I'd like to know is there a way to maintain H1-b until I get the permanent green card (not only the conditional one). My guess is this is impossible once the conditional green card is issued. Please confirm. Up until which time point will I lose H1-b during the Eb-5 process? Can I regain H1-b status if the Eb-5 process goes wrong later?

0 people likes this

Answers:

November 18, 2015 17:14 Joseph Whalen

The H1-B has a "dual intent" and so not prevent you from filing an immigrant visa petition [I-526 or I-360] or for one to be filed on you behalf [I-130 or I-140]. H1-B status may only be held until you are granted a conditional green card. You cannot keep it after that point. However, once an I-485 package has been accepted, you are eligible for an EAD in category (c)(9) based on pending adjustment of status. Even then you can keep the H1-B if qualified and the employer agrees to file for it.

0 people likes this