I am currently on an H-1B visa, approved until November 2023, and employed by the sponsor of my visa. Recently, I received approval for my EB-5 EAD and Advance Parole (AP) based on a concurrent filing. My situation is somewhat complex due to my interest in undertaking additional projects outside my H-1B-sponsored employment, leveraging my newly approved EB-5 EAD. Given the dual intent nature of my H-1B visa, and its connection to a backup EB-2 application, I am keen on maintaining my H-1B status. However, I am also interested in exploring opportunities that my EB-5 EAD would allow, without jeopardizing my current H-1B status. Can I engage in side projects using my EB-5 EAD while continuing my employment under H-1B with my current employer, provided I comply with all conditions of the Labor Condition Application (LCA) associated with my H-1B visa? In the event that I need to travel abroad and face delays or issues in obtaining an H-1B visa stamp, could my Advance Parole be used to re-enter the U.S. without affecting my H-1B status? Additionally, what potential drawbacks should I be aware of?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can be on one or the other but the H-1B can be re-instated if AOS is denied.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you formally use your EAD for a salaried position or return to the U.S. with AP, you will drop-out of H-1B status.
Matthew Kolodziej
Find an EB-5 Visa Lawyer: Immigration AttorneyYou cannot work for other employers using your EAD without invalidating your H-1B status. You also will invalidate your H-1B status by re-entering the US with your EAD/AP card. However, you may be able to have other employers sponsor you for concurrent H-1B employment at the same time and maintain your H-1B status while your EB-5 application is pending, which is recommended. You can have multiple H-1B employers in this way.
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