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How can I apply for an H-1b visa with a pending EB-5 case?

Last year I submitted my EB-5 application which is still pending now. I just graduated from college and got a job offer from an employer who promised to sponsor me for an H-1b visa. Will the pending EB-5 case have any impact on my application for H-1b? Do these two applications have conflicts?

Answers

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    No effect to either H-1B or EB-5. H-1B is a dual-intent non-immigrant status (so having an immigrant intent or pending green card application, etc., is fine) and EB-5 processing is not affected by non-immigrant visa (i.e., H-1B) processing. So you are fine (provided you get selected for the H-1B lottery, which will most likely happen again for the next fiscal year).

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Since H-1B is a dual-intent visa (a temporary visa that allows you to pursue a green card at the same time), you're probably OK! But still consult with an attorney, please.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your employer may sponsor you for H-1B even if you have a pending I-526 petition.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    The pending EB-5 case will not have any impact on an H-1B petition filed on your behalf.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your pending EB-5 petition on Form I-526 will not have any impact whatsoever, should your employer file an H-1B Petition on your behalf. An H-1B visa applicant does not have to prove that they do not have immigrant intent.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    No issue here. H-1B is a dual-intent visa.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    H-1B is a dual-intent visa. As such, there is no harm in having already filed for the EB-5. When you fill out your H-1B petition, make sure to disclose your pending EB-5 application. It should have no negative impact on the approval of your EB-5 petition. The two applications do not conflict with each other.

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    Robert West

    Immigration Attorney
    Answered on

    No, you can do this.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No conflict, but there are no H-1Bs until Oct. 1, 2020, and the earliest you can apply is April 1, 2020. Are you eligible for post-completion OPT?

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The pending EB-5 petition would not have any effect on the H-1B petition. Go ahead and file your H-1B petition. There is no inherent conflict between the the two petitions. EB-5 is an immigrant visa program while the H-1B is non-immigrant visa.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    You can apply for your H-1B. No conflict.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The H-1B is a dual-intent visa and absolutely will not impact your EB-5.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Just file the application the same way you would if you had no EB-5 pending.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Many of our EB-5 clients with pending cases have applied for and received H-1B visas. You must not be out of status when you apply for the H-1B if you wish to remain in the USA. So it is a good idea to obtain optional practical training about the time you graduate, so you can have an extra year in the USA until you can file for your H-1B. Just having the EB-5 case pending does not give you permission to remain in the USA.

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