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How can I keep working as an EB-5 investor if my I-829 is rejected before I can get an EAD?

I''m an EB-5 investor with a pending I-829. I’m living and working in the US. Given the fact that my I-829 might get rejected, my employer just filed an EB-1c I-485/I-765 for me. I don’t have any valid visa, except for the conditional green card. And I found the I-765 processing time is 10-12 months in Nebraska service center. My question is, if my I-829 is rejected before I get the EAD, how can I keep on working? Is there a way to expedite the I-765 approval?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    I am not sure how a permanent resident can apply for permanent residence. The I-485 you filed is an application to convert your nonimmigrant status to permanent resident, but you already are a permanent resident. Even if your I-829 is rejected, you still are a permanent resident and can get work authorization up until a judge orders you deported. Your employer should file the petition alone and designate consular processing. Then you surrender the old card before you leave and get a new one at the consulate abroad.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Until an immigration judge determines that you no longer have status, you remain a lawful permanent resident. Get an I-551 stamp if CIS denies your application.