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How can I file for I-765 as an existing EB-5 investor with a new H1B?

I have a I-526 pending since July 2019 from outside the US. I will be entering US this October on an H1B. I think that would make me eligible to file for I-765 to get a more permanent EAD, correct? If so, when can I file the I-765? Do I need to wait until October 1? Also, can I travel while I-765 is pending (since I would have a valid H1B anyway)?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    After you enter, you can file an adjustment based on the pending case and apply for a new unrestricted EAD work card, and provided you are still with that H-1B employer, you can use the H-1B to travel while the adjustment is pending.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No. You need to file an I-485 to qualify for an EAD.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You are only entitled to an EAD if you elect to now adjust status in the U.S. - file I-485 and ancillary documents including a work and travel permit.