The last OPT extension I can receive will expire in February 2015. I want to apply for the EB-5 program, but because the processing time of an I-526 is 18 months I’m considering extending my time at school in the United States for two more years. How should I go about applying for my EB-5 if I choose to do this? Should I apply once my new F-1 (1-20) begins or can I apply before my current OPT expires?
You can file an investor''s petition because, as you say, the processing time is 15 months for the investor''s petition to be approved. The investor''s petition can be filed when you are legally here.
The sooner you apply the better, because you have to be in valid status (OPT is considered to be valid status) while applying for immigration benefit. If you will be running out of this valid status, then the only option you have is to leave the country and wait for adjudication abroad.
Our recommendation would be to apply for an extension of your F-1 and then proceed to apply for your residency through the EB-5 program.
You should consult an immigration attorney regarding the specifics of your case. Your OPT may be affected by filing an immigrant petition such as I-526. Please contact an experienced immigration attorney.
You may apply now before your OPT expires.
I will suggest you secure your new F-1 first before filing for EB-5, as an EB-5 petition demonstrates your immigrant intent.
I would recommend that you apply for the EB-5 once you have extended your F-1 visa.
As this question involves very specific timing issues and is vital to your ability to maintain your non-immigrant status (and thus preserve your eligibility for the adjustment of status) in the United States, you should consult with an experienced EB-5 immigration attorney who can guide you through this process.
A bit tricky because the I-526 indicates immigrant intent and a student must demonstrate non-immigrant intent.
You may apply for an EB-5 visa in the United States if you are currently here in a lawful status. As you mentioned, you will need to remain in lawful status during the adjudication process. You may have a few options for remaining in the United States while your EB-5 petition is pending. Contact an EB-5 attorney to learn more. Processing times have also decreased, so it is doubtful you will have to wait 18 months.
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