There is a chance that my I-829 petition for EB-5 will be denied, and we are thinking about submitting an H-1B application. Can the H-1B be applied for before we hear back about the I-829? How would the denial of the I-829 petition impact my H-1B application?
Answers
Ed Beshara
Immigration AttorneysThe next opportunity for the U.S. employer to file the H-1B petition will be April 1st, 2016. Hopefully the I-829 petition will be adjudicated before April 1st, 2016. If the I-829 is denied, you will have to obtain another status to remain in the United States.
John J Downey
Immigration AttorneysThey are two separate categories and should not affect each other.
Jinhee Wilde
Immigration AttorneysBecause H-1B is a dual intent visa, there should be no negative impact of your I-829 denial to the H-1B application, unless the denial is based on some finding of misrepresentation or fraud on your part.
Shahzad Q Qadri
RC CreatorsA EB-5 denial should not impact an H-1B. However, keep in mind that an H-1B is an employer-sponsored visa and that there are currently none available.
Lynne Feldman
Immigration AttorneysThe denial will not impact the H-1B, but until your permanent residency is denied or abandoned, you are not eligible for the H.
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