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
Daniel A Zeft
Immigration attorneysThe pending EB-5 case will not have any impact on an H-1B petition filed on your behalf.
Julia Roussinova
Immigration attorneysYour employer may sponsor you for H-1B even if you have a pending I-526 petition.
Salvatore Picataggio
Immigration attorneysSince 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.
BoBi Ahn
Immigration attorneysNo 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).
Belma Demirovic Chinchoy
Immigration attorneysNo issue here. H-1B is a dual-intent visa.
Charles Foster
Immigration attorneysYour 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.
A Olusanjo Omoniyi
Immigration attorneysThe 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.
Lynne Feldman
Immigration attorneysNo 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?
Marko Issever
EB-5 Broker DealersH-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.
Dale Schwartz
Immigration attorneysMany 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.
Bernard P Wolfsdorf
Immigration attorneysThe H-1B is a dual-intent visa and absolutely will not impact your EB-5.
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