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How can I remain in the US while my change of status is pending during the EB-5 RC program lapse?

Applied for I-485, I-765 and I-131 in May, 2021. I am currently on the H1B but my situation is not looking good. With the program being expired, if I were to lose my job, would I still be permitted to stay in the US until the program is reauthorized and my I-485 is approved?

Answers

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    F Oliver Yang

    Immigration Attorney
    Answered on

    Yes, you can stay in the US legally with your I-485 receipt notice. The lapse only affects the filing of new I-485 applications - it does not affect the validity of already filed I-485s.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    We are expecting to see the program reauthorized in the next few weeks, and even if you got laid off from your H-1B job, you have up to 60 days to find a new H-1B employer. Also, it appears USCIS is adjudicating some benefits such as work authorization for pending EB-5 adjustments, although this is inconsistent and not clear yet.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The I-485 allows you to remain here, but if you lose your H-1B, you can''t work until the work card is approved.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Properly filed I-485 provides you with authorized stay. You may not work during this period until your Employment Authorization Document is approved.