What is my legal status while my I-485 for EB-5 is pending but the EB-5 RC program is on hold? - EB5Investors.com

What is my legal status while my I-485 for EB-5 is pending but the EB-5 RC program is on hold?

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

Salvatore Picataggio

Immigration Attorneys
Answered on

Stay 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

Lynne Feldman

Immigration Attorneys
Answered on

My 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

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Yes, they are holding adjustments in abeyance, but maybe not the best time to quit your H-1B.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

If 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

F Oliver Yang

Immigration Attorneys
Answered on

Yes, 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

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

As of right now, your pending I-485 would give you authorized stay, but I would advise keeping your H1B status.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

If 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.

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