What happens if my I-485 for my EB-5 visa is rejected while I am on an F-1 visa? - EB5Investors.com

What happens if my I-485 for my EB-5 visa is rejected while I am on an F-1 visa?

If I maintain F-1 status during the I-485 process, can I later apply for OPT, or do I have to leave after finishing my studies?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You can apply for OPT if you maintain F-1 status and it is always best to do so. You can also apply for a work card based on your pending adjustment. As a practical matter, USCIS will not ordinarily approve two employment cards for the same person.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Usually you keep your current F-1 status. But they could say you have shown an intent to remain permanently in the USA and reject your OPT.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

If rejected I-485 and you have maintained status, you are still in F-1 and can apply for OPT if qualified.

F Oliver Yang

F Oliver Yang

Immigration Attorneys
Answered on

If you have properly maintained your F-1 status without using EAD/AP combo card that comes with the I-485 filing, you can fall back to F-1.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Filing for adjustment, and getting denied, do not disqualify one from OPT.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

If you maintain your F-1 status, then you can take advantage of all benefits offered by the F-1 status. If you use EAD/AP issued based upon I-485 filing, then you''re no longer in F-1 status.

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.