Questions and Answers > EB-5 Investments

How should I move forward with an approved I-526 while my H1-b extension is pending?

I have an approved I-526 and I am ready for file my I-485. I entered the U.S. in 2008 on an F-1 student visa, then I stayed on H1-b between 2011 to 2017 and after the 6-year cap on H1-b my I-140 was approved. I applied for an H1-b extension that is still pending. I got my I-526 approval last month, so what is best to do now? Should I go for my I-485 adjustment of status while I am waiting on my H1-b extension case appeal?

Answers

• Vaughan de Kirby

  Immigration Attorney

  Answered on January 8, 2021

  These are critical questions that should be answered by your investment immigration attorney.

• Salvatore Picataggio

  Immigration Attorney

  Answered on January 8, 2021

  If you proceed now, the I-485 would be held pending the approval of the Extension. No Extension, no I-485.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 8, 2021

  Yes, if you are in valid status and have no unauthorized employment, or out of status, you should file your I-485 adjustment as soon as possible.

• Ying Lu

  Immigration Attorney

  Answered on January 8, 2021

  H-1b is dual intent. It means that you can have either the non-immigrant or immigrant intent. It is OK to get ahead with your I-485.

• Lynne Feldman

  Immigration Attorney

  Answered on January 8, 2021

  I would go ahead and file the adjustment with proof of extension pending.