I am concerned about the current political landscape in the U.S. I was planning on applying for the EB-5, getting ready to prepare my documentation, and thinking the three years I have left on my H-1B visa would be enough time. Yet, I am not sure now whether my stay in the U.S. is secure. So if I were to apply, and eventually had to return to my home country to wait the application out, would that work? If it takes the 4 to 5 years it normally takes according to what I am reading, then maybe I could return once I get the conditional green card?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysIf you are not from a country that is likely to be backlogged such as China and India, this plan may be viable. It might be better to file an adjustment in the US now since that was you can get interim benefits that allow you to work and travel.
Lynne Feldman
EB-5 Immigration attorneysReturning is an option if you are out of non-immigrant status. Once you have the conditional green card though you need a reentry permit if you are going to be out of the U,.S. for more than a year at a time so you don’t abandon the green card.
Jimena G Cabrera
EB-5 Immigration attorneysIf you only file Form I-526E while on your H-1B, you can leave the country at any time and complete visa processing once the I-526E is approved. Alternatively, if you file Form I-526E and adjustment of status together, you can request advance parole and leave the country without affecting your adjustment. We can strategize your case to achieve your goals.
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