How would my EB-5 application be affected by an H-1B amendment? - EB5Investors.com

How would my EB-5 application be affected by an H-1B amendment?

I have been applying for the EB-5 visa while working in the United States with an H-1B visa. My I-526 is approved, but I have not submitted the I-485. I have had to work on a reduced schedule due to illness, which puts me under 40 hours/week, so the law firm hired by my company had to file an amendment to my H-1B to make me a part time employee. Does this affect my EB-5 application in any way?

Answers

Salvatore Picataggio

Salvatore Picataggio

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Answered on

H-1B should allow for dual intent, so you should be able to have an immigrant process like the EB-5 going while remaining in H-1B.

Lynne Feldman

Lynne Feldman

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Answered on

No, it does not, as you are still maintaining status, which is all that is required.

Charles Foster

Charles Foster

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Answered on

An amendment to your H-1B petition will not affect your application for adjustment of status on Form I-485 based upon your approved EB-5 petition on Form I-526 in any way.

Jinhee Wilde

Jinhee Wilde

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Answered on

No, the H-1B is a dual-intent visa that will not be affected by your immigrant petition process.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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In order to adjust status, you must be in valid status. Even one day of unauthorized employment or violation of your status renders you ineligible to adjust status. Therefore, your H-1B status needs to be corrected before you can file the adjustment. If not, it is advisable for you to immigrant visa process abroad.

BoBi Ahn

BoBi Ahn

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Answered on

No, a properly filed amendment petition for your H-1B status has no effect on your EB-5. Also, as long as you are maintaining valid status, your I-485 processing should not be affected either. I would advise filing the I-485 sooner than later so that you would not be dependent on the H-1B and your employer, since when you file the I-485 you can also file for a work permit.

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