Is it legally permissible to maintain H-1B status while pursuing a Direct EB-5 investment in a TEA with concurrent filing? For example, if I acquire two franchise locations, each in a TEA and each employing more than 15 full-time U.S. workers, would my EB-5 priority date be deemed current for filing purposes?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysIt is smart to maintain status while pursuing EB-5, however, until you get your work card, do not violate H-1B status by working without permission.
Lynne Feldman
EB-5 Immigration attorneysAbsolutely. We recommend that you maintain your H-1B until you get your permanent residency. Whether your Priority Date will be current to file the I-485 may depend on your country of birth and type of project.
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