How can my fiancé and I marry having a pending I-485 and on a H-1B visa? - EB5Investors.com
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How can my fiancé and I marry having a pending I-485 and on a H-1B visa?

I’m currently an H-1B visa holder, and my fiancé has a pending I-485 application in the EB-5 set-aside category. It sounds like the recommendation is still to use the H-1B vs the combo card to work in the US even after I file as a spouse? Can I easily switch to a combo card as work authorization when I use up the 6 years on an H-1B? Are there any restrictions, and would that work authorization be “permanent”? Can I still apply for an EB-2 or EB-3 with my employer at the same time? Most importantly, given that the priority date is still current for the set-aside EB-5 category but is generally expected to appear soon, is it recommended that we get married and file as soon as possible?

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Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

EB-5 Immigration attorneys
Answered on

Yes get married and file soon if this is a good faith marriage AND NOT TO GET IMMIGRATION BENEFITS. Also good to stay on the H-1B as a fallback and yes you can also file EB-2/3 and use that as a basis to extend your H-1Bs if you should need it. if your fiancé’s case is approved, then she has to file van F@A for you which is backlogged a few years. Act now.

Tony W. Wong

EB-5 Immigration attorneys
Answered on

I think you can file I-485 after you get married. While your I-485 is pending, you should keep your H-1B as long as possible because H-1B allows dual intent, that means in case the I-526 or I-485 is denied, you can still keep your H-1B status. If you have used up the 6-year H-1B and your I-485 is still pending, you can switch to the EAD under the I-485.

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