How can I regain H-1B status if my EB-5 application gets denied?

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I am currently on an H-1B visa but am willing to let go of H-1B and switch to EAD and advanced parole once approved after I file my EB-5 I-526 with 486, 765 and 131. For some reason, if my I-526 is denied (or if the I-829 is denied in later stages), can I apply for an H-1B with a pending I-485 case while I am in the US, and stay back once it is approved without going for consular processing?

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Answers

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on August 1, 2023

What you do is you continue extending your H-1B until there is a decision on your I-485.

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