Can I get back to H-1b status if my I-829 is denied? - EB5Investors.com

Can I get back to H-1b status if my I-829 is denied?

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?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Yes, if you have remaining time-its not simple but it is possible.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You can go back but you will need to abandon your green card and apply overseas.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

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.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

If you maintain your H1b status you can continue it. If not, it depends if you have used up your six-year limit.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

You are still H-1B. There is nothing to go back to.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

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.

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