After the approval of Form I-526, and the obvious process of going through I-485 (AOS), I believe you are then on an EB-5 conditional green card and the H-1B status is no longer valid. In the worst-case scenario, at the I-829 stage if things don’t work out and the conditions are not removed, can one get back on H-1B without having to go through the lottery? What other options are there if things fall apart at the I-829 stage? For how long can one get back on H-1 without having to go through the lottery? We have approved I-140 and are Indian-born nationals.
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf already counted against the lottery, this should be doable after abandoning the green card.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, you could potentially regain H-1B status by departing the U.S. and reentering in H-1B status.
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