+1-800-997-1228

Free Evaluation

Please click here to get started
Questions and Answers > EB-5 Requirements

How would an EB-5 application affect an H-1B extension?

I have H-1B status and will need to extend it for three years this August. I also plan to apply for EB-5 in the next couple of months. How will my H-1B extension be affected? Will I need to let USCIS know on the H-1B extension forms that I am applying for EB-5?

Click here for a Free Evaluation

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may need to indicate if an immigrant petition has been filed. The I-526 is an immigrant petition. H-1B does allow for dual intent in regard to immigrant/nonimmigrant intent.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Because H-1B is a dual intent visa that allows you to apply for permanent residence in the United States in the future if all requirements have been met, a pending EB-5 application should not affect your H-1B extension. If you have filed an I-526 petition, then you should disclose this information when filing the H-1B extension. If you have not filed the I-526 petition when filing your H-1B extension, then you need not disclose your intent to file the I-526 petition in the future.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    You apply for your H-1B status first. Once you receive that, then make your EB-5 application.

  • Avatar

    Ian E Scott

    Immigration Attorney
    Answered on

    One does not have anything to do with the other. With an approved H-1B petition though, you will be able to enter the country even while the EB-5 application is pending as an H-1B visa is a dual intent visa.

  • Avatar

    Xiaosheng Huang

    Immigration Attorney
    Answered on

    Your EB-5 application will not affect your H-1B extension application, for H-1B allows you to have immigrant intent. The USCIS can use your A number to track all your applications. It will not be a problem.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    H-1B is a duel intent visa. Your immigration petition will not affect your H-1B petition. Actually, it is safer to maintain a nonimmigrant status while your immigration petition is pending.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    While you must disclose that you have an EB-5 filing when extending the H-1B, it will not adversely impact the extension as the H-1B is a dual intent visa.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    H-1B is a dual intent visa category and having an EB-5 case does not affect your extension application or status. If you have not filed your EB-5 case, there is no reason to tell them that you will be doing so. In fact, there is no place in the extension application where you could tell them what you may be considering. If you have already filed the I-526 when you are filing your extension, then you should note that.