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How can I remain in the US while waiting for my EB-5 visa number?

Hello, I graduated last year and currently working in my OPT period. I applied for EB-5 in college and my I-526 was recently approved. However, because I am from China, there is currently no visa number available for me to apply for green card. My company is applying for H-1B visa for me right now, but I understand there is a risk that I might not be picked. If that happens, how can I still remain in the US while waiting for my EB-5 to process?

Answers

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    Answered on

    You need to find some kind of lawful U.S. status or be prepared to leave the U.S. Do not remain in the U.S. without status, as it could ruin all future immigration processes for you.

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    Answered on

    You may perhaps look into enrolling in school for additional studies for another F-1 period or, depending on when priority date becomes current, apply for visitor status during the waiting period.

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    Answered on

    Realistically, your only option would be H-1B or, if you are not selected in the random selection lottery or your H-1B petition is not approved, you would have to re-enroll and continue in F-1 status.

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    Answered on

    If not picked for the H-1B, you can return to school on an F-1 or explore whether or not you qualify for an O-1 or another visa classification.

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    Answered on

    You may have to go back to school. If you send your resume to a law firm that specializes in immigration, they can evaluate other options such as an O-1 visa. Of course, if you happened to have a spouse born in Hong Kong, you can file an adjustment immediately.

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    Answered on

    There are a number of business-related options out there that you may pursue. However, unless the facts relating to your circumstance are carefully reviewed, it is not appropriate to guess a specific option. Thus, it is advisable that you should consult an attorney to review your alternatives, such as B-1, H1-B, and even L-1 visas. Finally, if there is no feasible option, you should leave the United States and not overstay your visa under any circumstance.

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    Answered on

    The only way for you to remain in the United States is to enroll in another program that will allow you to retain student status until you can adjust your status. In the meantime, please do not do any international trips that require a passport.

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    Answered on

    You can remain in the United States provided a visa number is available. If so, since you are here and you have an approved I-526 petition, you could apply immediately for Adjustment of Status. However, since you are from China and there are no visa numbers available, you would have to extend your non-immigrant status by either renewing your F-1 Student visa or obtaining H-1B status, which would be the most likely options available to you. If your H-1B petition is not picked for adjudication, you may not be able to remain in the U.S. while waiting for a visa number.

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