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Question:

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How can I stay in the United States for EB-5 if my J-1 visa will expire? I am in the United States on a J-1 visa which will expire in 10 weeks. I filed my I-526 four months ago for a direct EB-5 investment. What should I do after my J-1 expires - can I remain in the United States? If not, should I change my status to an F-1 visa before my J-1 expires so I can stay here? Or should I return to my home country and apply for an F-1 visa to come back to the United States? Would this option have any negative effect on my EB-5 approval?

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Answers:

February 16, 2015 11:41 Ed Beshara

Your intent to obtain an F-1 visa has to be valid to attend school full time. If you maintain valid and legal F-1 status and the I-526 petition is approved during your F-1 status then you can file your application for conditional permanent residency while residing in the U.S. Please make sure you are not subject to the two year residency requirement under the J-1 visa.

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