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How will an I-829 petition denial impact an H-1B application?

There is a chance that my I-829 petition for EB-5 will be denied, and we are thinking about submitting an H-1B application. Can the H-1B be applied for before we hear back about the I-829? How would the denial of the I-829 petition impact my H-1B application?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    The next opportunity for the U.S. employer to file the H-1B petition will be April 1st, 2016. Hopefully the I-829 petition will be adjudicated before April 1st, 2016. If the I-829 is denied, you will have to obtain another status to remain in the United States.

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    John J Downey

    Immigration Attorney
    Answered on

    They are two separate categories and should not affect each other.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Because H-1B is a dual intent visa, there should be no negative impact of your I-829 denial to the H-1B application, unless the denial is based on some finding of misrepresentation or fraud on your part.

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    A EB-5 denial should not impact an H-1B. However, keep in mind that an H-1B is an employer-sponsored visa and that there are currently none available.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The denial will not impact the H-1B, but until your permanent residency is denied or abandoned, you are not eligible for the H.

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