How can I change jobs while on H-1B with a pending I-765 and I-485? - EB5Investors.com

How can I change jobs while on H-1B with a pending I-765 and I-485?

My husband and I are EB-5 investors and have an approved I-526 (my husband is the primary applicant) and we have recently filed for I-765 and I-485. We are both on H-1B at the moment. I have a job offer from a different employer and I wanted to check how I can accept the offer without jeopardizing our filings of I-765 and I-485 for EB-5?

Answers

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

I would be surprised if a change of employer would make a difference. H-1B is dual intent, allowing the green card process to proceed with the H-1B remaining in place. You may need to amend your I-485 with updated employment information. Eventually, you''ll use your EAD to be employed and then the green card itself.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Until your I-765 is approved, you cannot work for the new employer; however, you can report, if currently employed, on an H-1B, and then transfer as soon as the new H-1B visa petition and extension of stay is filed.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

I assume your new employer would file an I-129 for you. Your H1-B job has no impact on your I-485, as long as you continue to maintain your NIV, you should be OK. However, I advise that you discuss with your attorney who can properly gather facts and advise you.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You are entitled to use your EAD to change jobs but safest is to maintain the non-immigrant status as well and ask the employer to file for an H-1B transfer.

Jeff Khurgel

Jeff Khurgel

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

In terms of maintaining H-1B status, a new petition from a new qualifying H-1B employer would need to be filed.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.