I am currently on H1-B and have an approved I-140. I have also applied for EB-5. At the I-829 stage, if it gets denied for whatever reasons, can I get back to the H1-B status with approved I-140?
Yes. However, make sure you do not relinquish the current H-1B and the related approved I-140 as an option until the I- 829 is approved. If for any reason, the I-829 fails, then the approved I-140 will become your alternative means to secure a green card.
Yes, you can still regain H-1B status if you have remaining time within the six-year limit. You are not subject to Section 214(b) so you need to demonstrate you do not intend to immigrate to the U.S.
At that point, you would have been a lawful permanent resident already. H1B is dual intent but that''s usually reserved for when you are already in H1B and pursuing a green card (EB2 or EB53 usually). I suppose you may be able to file a new petition under a new cap season.
If you maintain your H1b status you can continue it. If not, it depends if you have used up your six-year limit.
You are still H-1B. There is nothing to go back to.
If you become a conditional lawful permanent resident and your I-829 is denied, you likely would have to depart the United States, obtain sponsorship/job offer in a specialty occupation, and reenter the H-1B lottery at that time. In other words, by the time your I-829 would be adjudicated and in the worst-case scenario, denied, you would not be able to automatically go back to H-1B status since it will have been several years since you last were in H-1B status.
Nothing in the law would prevent you from seeking H1B status following a period of residence. However, a denial of I-829 does not mean you can go back to H status. A mere denial of the I-829 does not even end your residence; that decision must be made by a judge.
You can go back but you will need to abandon your green card and apply overseas.
Yes, if you have remaining time-its not simple but it is possible.
