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What is the I-526 RFE response time and what happens to my I-485 for EB-5 if my I-526 is denied??

I filed my direct EB-5 project in 2019 and received RFE in 2021, responded to RFE and its been 140 days since i responded to RFE. When can i expect my result to my RFE response? Also if I file an I-485 based on a pending i526, what happens if my I-526 is not approved and gets denied? What will happen to the I-485? and what about my visa when i do change of status from h1b to eb-5 green card based on pending i526?

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I would follow up with USCIS if 140 days after RFE response. If you concurrently file the I-485 and the I-526 is denied, then the I-485 and all ancillary benefits will be denied for you and any family members applying with. So be sure to maintain your nonimmigrant status.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you have a valid H-1B then you can fall back on your H-1B status, if not and you do not have an underlying visa then you will likely be issued a notice to appear in front of an Immigration Judge for a removal hearing.