Questions and Answers > EB-5 Investments

How can I maintain my H1 until I get through theI-829 stage of EB-5?

Due to recent changes to EB-5 law, it seems I can apply for AOS concurrently with I-526. That seems like an attractive proposition. Currently on H1, my company initiated my GC process in Jan this year. I am at least a year from filing I-140. Can I maintain my H1 till I get through I-829 stage of EB-5 or will I have to abandon H1? I believe it will be risky if USCIS grants a "conditional GC" and prohibits me from pursuing my H1 based permanent GC journey.

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on April 13, 2022

  You can only hold H-1B status until your I-525/I-485 are approved. If the I-829 is denied, you can leave and apply for a new H-1B abroad.

• F Oliver Yang

  Immigration Attorney

  Answered on April 8, 2022

  Unfortunately you cannot maintain your H1 status once you become a conditional green card holder. You can, however, choose not to file your EB-5 I-485 with your I-526, so you can decide whether to pursue an EB-5 green card or an EB-2/3 green card later.

• Stephen Berman

  Immigration Attorney

  Answered on April 7, 2022

  Once you are granted conditional permanent resident status, you are no longer an H-1B.