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How would my EB-5 application be affected by an H-1B amendment?

I have been applying for the EB-5 visa while working in the United States with an H-1B visa. My I-526 is approved, but I have not submitted the I-485. I have had to work on a reduced schedule due to illness, which puts me under 40 hours/week, so the law firm hired by my company had to file an amendment to my H-1B to make me a part time employee. Does this affect my EB-5 application in any way?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    H-1B should allow for dual intent, so you should be able to have an immigrant process like the EB-5 going while remaining in H-1B.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No, it does not, as you are still maintaining status, which is all that is required.

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    Charles Foster

    Immigration Attorney
    Answered on

    An amendment to your H-1B petition will not affect your application for adjustment of status on Form I-485 based upon your approved EB-5 petition on Form I-526 in any way.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    No, the H-1B is a dual-intent visa that will not be affected by your immigrant petition process.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    In order to adjust status, you must be in valid status. Even one day of unauthorized employment or violation of your status renders you ineligible to adjust status. Therefore, your H-1B status needs to be corrected before you can file the adjustment. If not, it is advisable for you to immigrant visa process abroad.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No, a properly filed amendment petition for your H-1B status has no effect on your EB-5. Also, as long as you are maintaining valid status, your I-485 processing should not be affected either. I would advise filing the I-485 sooner than later so that you would not be dependent on the H-1B and your employer, since when you file the I-485 you can also file for a work permit.

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