How should I move forward with an approved I-526 while my H1-b extension is pending? - EB5Investors.com

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

Ying Lu

Ying Lu

Immigration Attorneys
Answered on

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

Lynne Feldman

Immigration Attorneys
Answered on

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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

Vaughan de Kirby

Vaughan de Kirby

Immigration Attorneys
Answered on

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

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.