How can I combine EB-5 and H-1B? - EB5Investors.com
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How can I combine EB-5 and H-1B?

I am on an H-1B visa, and my I-140 got approved in the EB-3 category. If I considered investing in an EB-5 TEA, can I keep my H-1B job in the meantime or do I need to quit? How does that work in terms of safety and lawfulness?

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Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys Directory
Answered on

If you are on a valid H-1B and wish to file in a high unemployment area and a visa is currently available, you can also file to adjust your status in the US.

Dennis Tristani

Dennis Tristani

Immigration Attorneys Directory
Answered on

The H-1B visa is a dual intent visa - you can have multiple immigrant (green card) petitions pending while you work in the U.S. on H-1B visa status.

Lynne Feldman

Lynne Feldman

Immigration Attorneys Directory
Answered on

You may do both simultaneously.

Mitch Wexler

Mitch Wexler

Immigration Attorneys Directory
Answered on

You can and should maintain your H-1B status during the EB-5 process. Completely lawful but you should certainly seek strategic advice from experienced counsel.

Rebecca Bodony

Rebecca Bodony

Immigration Attorneys Directory
Answered on

H-1B is a permanent intent visa, so you are permitted to file a Form I-526 (including with a concurrently filed Adjustment of Status, Form I-485, petition package) and continue working on your H-1B status while it is pending. You can request the interim work authorization card (Form I-765) along with the Adjustment of Status application, but it is advisable to maintain your H-1B status until you have a green card. I assume your EB-3 category is in retrogression. If you are seeking to file EB-5 concurrently with Adjustment of Status, you will want to make sure your EB-5 investment qualifies for one of the set aside categories that is not in retrogression.

Stephen Berman

Stephen Berman

Immigration Attorneys Directory
Answered on

If you are granted conditional permanent resident status, automatically, you will no longer be an H-1B.

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