I am currently on an H-1B. While my I-485 is pending and I have an I-485 EAD, I want to use the I-485 EAD to work unrestrictedly. If my EB-5 regional center investment fails, can I transfer back to use the H-1B in the future? If not, what would be my options?
Answers
Barbara Suri
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your EB-5 regional center investment fails, and you reapply for an H1-B visa in the future, it will be up to USCIS whether or not the new H-1B visa will be approved.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIf the project fails to create the necessary number of jobs, and you have a new H-1B employer, you should be able to get a new H-1B petition approval if you have a new employer, but would likely have to leave the U.S. to get a new H-1B visa stamp unless your current H-1B visa stamp is still valid, in which case you would only need a new H-1B visa petition and could leave the U.S. and reenter with your old visa stamp and the new H-1B visa petition approval. Hopefully, this will not be necessary.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyAs long as you are maintaining your H-1B you will continue in H-1B status. In some cases, you are allowed to redeploy funds to a healthier Regional Center as an option as well.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, you can leave the U.S. and return on another visa in the future.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.