I am on an H-1B visa (J-1 waiver job in underserved area) and my employer applied for a green card via EB-2, I-140 approved. Can I apply for an EB-5 visa through the concurrent filing of I-485? What should be my steps?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryYes, you can have two adjustments pending especially while on an H-1B. At some point, USCIS will require you to choose. In order to file, you will have to make sure a visa is available to you so you may have to invest in a reserved category if from either of the two backlogged countries, China or India.
Lynne Feldman
Immigration Attorneys DirectoryWill you be investing in your own project or a Regional Center? Yes, if the Priority Date for EB-5 for your country is current, you may concurrently file the I-526 and I-485.
Rebecca Bodony
Immigration Attorneys DirectoryYes, as long as your country of birth is “current” on the visa bulletin for the EB-5 category you will be applying in, you can do concurrent filing of the Form I-485 with the Form I-526. The H-1B is a visa classification that allows the holder to have the permanent intent of applying for a green card.
Phuong Le
Immigration Attorneys DirectoryFile the 526 and 485 like normal. Perfectly fine to file and have both options so you can later apply for your green card based on the category you become eligible for first (it will be EB-5).
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