I am a Chinese investor who got an I-526 approval in February. I wonder when I should take the next step since my Priority Date (2017.9) is still not current according to the visa bulletin. I intend to adjust my status in the US since I have H-1B visa eligibility. However, I’m currently in China and not certain when I could leave my job for a US employer, maybe one year from now or later. So, is there a time limit for acting on the I526 approval? Even if I file the I-485 soon in a consulate, how long would it take to adjudicate it after my priority date becomes current?
Answers
Bernard P Wolfsdorf
Immigration attorneysYou cannot file an AOS unless your priority date is current under chart A, or if they are accepting under chart B. You do not have an AOS option presently.
Lynne Feldman
Immigration attorneysNo time limit provided you communicate with National Visa Center annually. I would monitor the Visa Bulletin monthly to see when your Priority Date will be current in the following month and then decide if you want to continue consular processing or switch to adjusting status in the U.S. by entering in a valid nonimmigrant status.
Matthew Kolodziej
Immigration attorneysYou can apply for adjustment of status as soon as your priority date is current after your I-526 has been approved. There is no time limitation on applying for adjustment of status, as long as your priority date is current. If you apply for an immigrant visa at the consulate, however, you will be notified by the National Visa Center when your priority date allows you to schedule an immigrant visa interview, and you must keep in contact with the NVC to prevent your case from being abandoned. The application at the consulate is not an adjustment of status application, however, it is called an application for an immigrant visa with consular processing. An adjustment of status application can only be filed while you are in the United States. If you process your immigrant visa application consularly, it may take a year or more to get an interview at the consulate. I suggest you discuss these options with your immigration lawyer with experience with Chinese EB-5 investors.
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