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After filing F-1 visa STEM extension, how will applying an EB-5 visa affect that process?

I am currently in the first year of my F1-visa OPT status and it is valid until July 2017. I have not yet applied for STEM extension but, once I get it, my F1- visa will be valid until July 2019. Can I apply for F-1 visa OPT STEM extension after filing an I-526 petition for an EB-5 visa? I am planning to apply for EB-5 now, but I was wondering if it will create problems with my OPT STEM extension approval?

Answers

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    Answered on

    An I-526 petition itself should not give rise to immigrant intent, but you may get some questions. Once you begin the process of obtaining your conditional residency, you will no longer be able to get nonimmigrant status.

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    Answered on

    The filing of your I-526 petition is not an application for permanent residency. The F-1 status is a non-immigrant status and you are permitted to stay and study in the U.S. until your authorized stay expires. The filing of an F-1 application can occur after the filing of an I-526 petition.

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    Answered on

    It will not create any problems. The OPT STEM simply allows you to remain in the United States legally while the I-526 Petition is being considered. OPT STEM is just an extension of your academic student visa and the I-526 immigrant visa petition will not hinder its processing. Consult an EB-5 attorney for further assistance.

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    Answered on

    While filing for an immigrant visa can impact your ability to get new F-1 travel visas, we have not yet seen it impact the ability to extend your STEM OPT.

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    Answered on

    Perhaps the question of dual intent will need to be addressed.

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    Answered on

    Filing an EB-5 petition on Form I-526 should not necessarily affect your F-1 STEM visa extension. However, should you travel abroad and need to apply to renew your F-1 non-immigrant visa or seek admission to the U.S. in F-1 Student status, it could affect your eligibility for the renewal of your F-1 Student visa or for your admission. Every applicant for a non-immigrant visa or for admission in F-1 status must demonstrate under Section 214(b) of the Immigration and Nationality Act that they are not intending to immigrate to the United States. The act of filing and EB-5 Investor Petition on Forum I-526 clearly shows immigrant intent. Yes, you can apply for an F-1 STEM visa OPT extension after filing your I-526 petition, but the filing of same could possibly negatively impact the approval. Generally speaking, you should file for any non-immigrant benefits before you file your I-526 petition, although sometimes that is not always feasible and, if you do not file the I-526 petition, then you have the other problem of running out of non-immigrant visa time in the U.S. before you become eligible to apply for Adjustment of Status and become a Lawful Permanent Resident based upon the approval of your I-526 petition.

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    Answered on

    You will not run into any issues or conflicts if you file for a STEM F-1 OPT extension with a pending I-526 Petition.

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