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What is the process with an approved direct EB-5 I-526 but with an expiring non immigrant E2 visa?

My EB-5 direct investor I-526 was just approved and my current non immigrant visa E2 will be expired by January 2022. What is the process now? Do I have to renew E2 or just file AOS and wait for my green card?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may want to do both but be sure to file AOS before you are out of status or before your E-2 extension is pending.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    I do not see why you would need to extend the E-2. You should carefully think about AOS as it is taking 2+ years for CSC to process. Evaluate and understand the Consular option.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can file the adjustment now, but you cannot work based on the filing of the adjustment. So you will have to renew the E-2 in order to be able to continue working until the work card that is issued incidental to the filing is approved.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    You may proceed with direct EB-5 AOS if you are in valid status - as of right now all direct EB-5 cases are current but this is subject to change on a monthly basis. I would consult with an experienced attorney to make sure you do not have any status issue.