I have an approved I-140 and consumed all six years of H-1B. If I switch to EB-5 EAD / parole, and if I get a denial at any stage (I-526, I-485, etc.), how do I move back to H1-B? Is this possible at all? Would I have to go through lottery again?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyBoth may pend simultaneously, but if you actually become a conditional resident through your EB-5 filing, then the I-140 will terminate.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe only way to switch back to H-1B would be to file a cap-exempt H-1B, or spend one year abroad and then you get another 6 years of H-1B.
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