I am currently in the USA. My student visa expired in December 2022. I applied for an I-485 including work permit and advance parole based on my pending EB-5 I-526 application from last April. Since then, there has not been any response from USCIS. Can I apply for Day-1 CPT school, which is designed in a way that allows students to work full time with part time study under F-1 visa? Or can I apply for the H-1B visa while I remain in the USA until my application for work permit and parole is adjudicated? Would it affect my pending I-485 application?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou have 60 days from the expiration of your student status to apply for another I-20 or possibly the lottery but the timing for lottery likely will not work out depending on your student expiration dates. Did you seek OPT?
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you have a cap exempt H-1B, maybe. You only have up to 60 days grace period. Day one CPT is often sketchy so be careful which school you choose. EADs are coming back faster - chances are, if good project, etc., you should be okay.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyF-1 is unlikely as you have immigrant intent. Talk to your lawyer about pushing for EAD adjudication. It should have been approved by now.
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