How will my I-526 petition affect my I-539 application and vice versa? - EB5Investors.com

How will my I-526 petition affect my I-539 application and vice versa?

My current status is H-1B. I want to resign and change the status to H4. However, I already filed the I-526 application about six months ago, and received the receipt number. There are questions on the I-539 application such as “Has an immigrant petition ever been filed for you?” Considering this, how will my I-526 application affect my I-539 approval, and vice versa?

Answers

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

It is always advisable to state accurately what has been filed and your intent in applying for residency status. Applying for an extension of H status should not affect the I-526 process or vice versa. The I-526 petition is not the same, as you are applying for permanent residency status. The H status has dual intent which means you can be pursuing both a non-immigrant visa and an EB-5 immigrant status.

Gregory Romanovsky

Gregory Romanovsky

Immigration Attorneys
Answered on

Thank you for your inquiry. Your pending I-526 petition should have no effect on your application to change status from H-1 to H-4.

Robert Baizer

Robert Baizer

Immigration Attorneys
Answered on

Hi. It should not be a problem. H-1Bs & H-4s can have an immigrant petition filed without any negative effect, since an H visa holder is permitted to have "dual intent" to maintain temporary status and later get permanent resident status.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

You state that you wish to be H-4, which means your spouse is H-1B? Please note that H-1B is a dual intent non-immigrant visa, which allows you to express your immigrant intent and be okay to receive. I would suggest that you work with your immigration attorney and have him/her explain how you were in H-1B status when you filed I-526 petition and as H-1B holder, it is not prohibited to show immigrant intent. As a H-4, a spouse of H-1B, the same argument should be made.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

H-1B and H-4 allow dual intent so you should be fine. Just answer yes to the question about an immigrant visa and provide the I-526 receipt number.

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