Currently on H1B and filed for AOS (I485) + I-765 + I-131 in May, 2021 and got receipt numbers for all. If I were to give up my H1B, would I still be legally allowed to say in the US until the AP/EAD is processed or the EB-5 reauthorization of the program is done?
Answers
Salvatore Picataggio
Immigration attorneysStay on that H1B. USCIS: "We will begin rejecting all Forms I-485, Application to Register Permanent Residence or Adjust Status, and any associated Forms I-765, Application for Employment Authorization, and Forms I-131, Application for Travel Document, based on an approved Regional Center Form I-526."
Lynne Feldman
Immigration attorneysMy understanding is that in this interim the I-485 will pend but not be adjudicated. Certainly safest to maintain the H-1B if you can.
Bernard P Wolfsdorf
Immigration attorneysYes, they are holding adjustments in abeyance, but maybe not the best time to quit your H-1B.
Fredrick W Voigtmann
Immigration attorneysIf you give up your H-1B, you will no longer have any nonimmigrant status in the United States. Based on your pending I-485, you are in a period of authorized stay and not accruing unlawful presence for purposes of the 3/10 reentry bars.
F Oliver Yang
Immigration attorneysYes, you would be considered in a period of authorized stay as long as your I-485 remains pending. The temporary lapse of the program does not impact your ability to stay in the US. Having said that, maintaining your H-1B status is still a preferable option in most circumstances.
Belma Demirovic Chinchoy
Immigration attorneysAs of right now, your pending I-485 would give you authorized stay, but I would advise keeping your H1B status.
Stephen Berman
Immigration attorneysIf it is retroactively returned, and if people who filed are not automatically denied, perhaps you can proceed without maintaining H1B status. And if not, USCIS will deny the applications and you will have no legal 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.