I want to submit an EB-5 petition around March/April 2017. I am currently on F-1 status, after which I will apply for OPT and work for 12 months, and then I plan to start graduate studies after that. If I transition from OPT back to school (enroll at a new full-time program) while maintaining legal status all the way through, does that mean I would not have to apply for a new F-1, but only have to do a SERVIS transfer? If yes, will a pending I-526 petition pose the same problem for the SERVIS transfer as it would for a new F-1 application due to immigration intent?
Answers
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyYou may get some questions, but an I-526 by itself should not give rise to immigrant intent that would affect nonimmigrant statuses like the F-1.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyA pending I-526 immigrant investor petition should not affect your ability to continue to study in the United States. In order to transfer to another school (to continue on to a graduate program), you will need to be admitted to a new school that can issue a new *SEVIS* I-20.
Charles Foster
Find an EB-5 Visa Lawyer: Immigration AttorneyEven with a pending I-526 petition, you should be able to transfer from OPT back to school. However, if you travel abroad, it may be difficult to impossible to renew your F-1 student visa.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is still a conflicting intent issue with an EB-5 application, but you are in status with F-1; you can apply to change schools or change programs while in the United States.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyA pending I-526 should not prevent one from getting OPT nor resuming one's F-1 studies.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyWhile the filing of an immigrant visa petition will impact a student visa application at a consulate abroad, it should not adversely impact a school transfer or OPT application on its own.
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