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How can I switch from H-1B to H-4 with a pending EB-5 application?

My spouse is on an H1-B visa with an approved I-140. He recently filed an EB-5 application and received the receipt. I am also on an H1-B now, but I want to switch to an H-4 with an EAD. Are there any issues doing this? We also plan to travel abroad once the H-4 and EAD are approved. Will that cause any issues?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Change of status applications do take a longer time to process these days. You may want to apply at the consulate if traveling.

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    Charles Foster

    Immigration Attorney
    Answered on

    There is zero issue to switching from H-1B to H-4 dependent status in terms of your husband's recently filed EB-5 petition on Form I-526. You would have to file an application to change status within the U.S. from H-1B to H-4, or if you're abroad, make an appointment online by completing Form DS-160 and applying for an H-4 visa based upon notice of approval of your husband's H-1B status.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can apply to change status but they take so long. If you plan to travel abroad its best to apply for the H-4 at the consulate abroad.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    H visas are dual-intent, meaning you can have immigrant petitions pending and keep the H visa to use that for travel.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    That is fine to do, as H-1B and H-4 are dual-intent statuses.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You can absolutely do that. There are no issues with changing your status to H-4/EAD from H-1B with a pending EB-5 application.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Yes, a person can change status from H-1B to H-4 even with a pending EB-5.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    H-1B/H-4 is a dual-intent visa and the filing of an I-526 has no impact on your COS to H-4. Your attorney will advise you of proper steps for getting H-4 stamped in your passport.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    No issues here to change status to H-4/EAD. H visas are dual-intent visas, so you can maintain non-immigrant status while there is immigrant visa processing, etc.

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