How can I submit my EB-5-based I-485 application during the grace period after the expiration of my current H-1B visa?

There is no grace period for adjustment based on EB-5. However, you are operating under the 240-day rule when you file an H-1B extension, so provided that the extension is approved, your adjustment should be approved.

As long as you have submitted your H-1B extension application before it expired, you should be fine. USCIS, through a memo dated July 14, 2008, Ref: HQDOMO 70/23.1-P AD06-07, declared that applicants who have brief periods of inadvertent violations due to misunderstandings of the law and other mistakes made along the way in the years that usually precede the I-485 filing stage can go ahead and apply for adjustment of status by filing Form I-485.

Actually, the H-1B application for extension will keep you in legal status. Do not withdraw it and it won&#39t negatively impact your EB-5 proceeding. Thus, feel free to proceed on by filing for EB-5 I-485 for adjustment of status and if approved you can switch from the non-immigrant H-1B status to permanent resident status.

This is possible and, if necessary, Section 245(k) overlooks up to 180 days of working without authorization or out of status time. If your extension in on file before it expired, you have a 240-day period that you may continue to work and you aren&#39t accumulating any out-of-status time.

A timely filed H extension prevents you from acquiring unlawful presence but does not necessarily mean you are eligible for AOS. You should have an attorney review your case.

If you submitted your H-1B extension petition timely (i.e., before it expired), then you are fine. You are maintaining authorized/lawful stay during a timely filed petition&#39s pending period.

Apply for the adjustment, I-485, based on the approved EB-5 and wait for the extension on the H-1B.