Questions and Answers > EB-5 Investments

What will happen to my H-1B status after my EB-5 EAD is approved with a pending I-526?

I am currently on H-1 status. I filed my I-485 in May while my EB-5 I-526 petition is pending. My EAD was approved recently and I got the EAD card. Now, what is my current immigration status in the U.S.? Is it still H-1? I am still working for the same H-1 employer. Will there be any problem in applying for an H-1B extension?

Answers

• Barbara Suri

  Immigration Attorney

  Answered on September 12, 2022

  Your status has not yet been changed. You may extend your H-1B status.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 5, 2022

  The nice thing is you have two separate work permits. The H-1B with your employer remains valid, and you can even file an H-1B extension if you have had less than 3 years of H-1B time.

• Lynne Feldman

  Immigration Attorney

  Answered on August 31, 2022

  You are still on H-1B provided you are working for that employer and may still extend your H-1B, which we recommend doing until your permanent residency is approved.

• Stephen Berman

  Immigration Attorney

  Answered on August 31, 2022

  Your approved EAD is not a change of status. Getting an EAD does not violate your status.