I am working under an H-1B visa (no China nor India), which is set to expire on Oct. 7th of this year. I am applying for an EB-2 visa, but I have only recently received PERM approval, and the visa bulletin is not yet current. Therefore, I am considering applying for an EB-5 visa. If I submit both concurrently the I-526E and I-485 for EB-5 on February 25th and then get laid off from my company on Mar. 1st, can I remain in the U.S.? (even if without an I-526E or I-485 receipt)? If I receive an EAD through the EB-5 process while still employed, can I leave my current company and work anywhere without issues?
Answers
Tony W. Wong
Immigration attorneysIf you submit EB-5 (I-526) concurrently with I-485, your status will be changed to "AOS pending" and your H-1B is still valid until October unless you extend it. At the time you file I-485, you should submit I-765 and I-131 together for the EAD and Advance Parole (or a "combo card" for both). You can still work under your H-1B until October 7 even though your I-485 is pending. However, after October 7, you cannot work until you receive your EAD. While your I-485 is pending, you can lawfully stay in the U.S. So, even though you are laid off, you can still lawfully stay in the U.S. You can change your employer with your EAD under your I-485.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.