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How will a submitted EB-5 petition affect my H-1B visa?

I am on H-1B (just approved in October) and submitted my I-526 last year as a backup plan for the H-1B lottery. I plan to go back to my home country by the end of this month to get the H-1B visa stamp. Will I be asked about the EB-5 petition in the interview? Will the submitted EB-5 petition prevent me from getting work visa approval?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You might be asked about the I-526 (EB-5) petition at your H-1B visa interview, but it would be irrelevant. H-1B allows for dual intent, so your future intention to immigrate to the United States as an EB-5 investor should not affect your H-1B visa application.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There may be issues here. You need to work with an immigration attorney to plan for "dual intent" issues like these.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The H-1B is a dual intent visa so make sure to disclose you filed an EB-5 petition and it should have no adverse impact on your H-1B visa application.

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    John J Downey

    Immigration Attorney
    Answered on

    You may be asked about it at the consulate, but it should not affect your H-1B visa.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You should be fine as the H-1B specifically permits dual intent.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Filing your H-1B petition should not in any way affect your H-1B petition for good or bad. If asked about your I-526 EB-5 petition in the interview, it is most important that you be thoroughly honest and disclose same. Remember the consular officer will know that you have in any event since it is a matter of record posted online.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    H-1B is a dual intent visa allowing for you to eventually immigrate to the United States. Filing an I-526 petition should not affect your H-1B visa, but you should disclose the fact that you have filed an immigrant petition, if asked.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The two visas are unrelated and generally, neither your H1-B visa nor EB-5 petition should affect each other. During the interview, the EB-5 petition may or may not come up. If it does, disclose all the information relating to the petition.

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    Bernard Sidman

    Immigration Attorney
    Answered on

    Your previously submitted I-526 should not impact your H-1B visa processing. It should be disclosed on the visa application and if you are asked about it, answer truthfully. There is no issue re immigrant intent with H-1B visas. If the I-526 is approved and you are in H-1B status you may adjust your status in the United States.

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    Matthew Kolodziej

    Immigration Attorney
    Answered on

    An H-1B visa is a "dual-intent" visa. You can therefore have an H-1B, with the intent to stay temporarily in the United States, and also have a green card case pending. You are unlikely to be asked about the EB-5 petition, but if they ask about the EB-5 petition you can say you may want to stay in the United States as a permanent resident, but you have not yet decided. This will not affect your H-1B.

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