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
Find an EB-5 Visa Lawyer: Immigration AttorneyYou 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
Find an EB-5 Visa Lawyer: Immigration AttorneyUnfortunately 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
Find an EB-5 Visa Lawyer: Immigration AttorneyOnce you are granted conditional permanent resident status, you are no longer an H-1B.
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