How can I file for I-765 as an existing EB-5 investor with a new H1B? - EB5Investors.com

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
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.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

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

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.