I am currently on an H1-B visa and am looking into the EB-5 visa for a permanent green card. However, I want to know if I can live anywhere or change states after concurrently filing for EB-5 or if I still have to comply with the rules of H1-B.
Answers
Bernard P Wolfsdorf
Immigration attorneysIf you concurrently file, you will get an EAD after a few months and then you can live anywhere. Meanwhile, if you rely on your H-1B, that is geographically limited.
Lynne Feldman
Immigration attorneysIt is recommended, but not required to maintain a nonimmigrant status after filing the I-485. I certainly wouldn’t recommend giving this up until at least the I-526 is approved.
Ying Lu
Immigration attorneysWhen you submit the I-485 concurrently with the I-526, you can apply for the EAD at the same time as well. If you work on the EAD, you won’t have the geographic limitation on where you work and live. For H-1B, you have to work at the specified work location on your H-1B petition.
Dennis Tristani
Immigration attorneysOnce your I-485 is pending and you have an EAD, you can choose to use your EAD, which will cause you to drop out of H-1B status. You can live and work lawfully in the U.S. pursuant to a period of authorized stay based on the pending I-485. It is important to note that if your I-526/I-485 are denied and you will be out of status if you are no longer in H-1B status.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.