How can I apply for a work visa if my EB-5 based I-485 gets denied? - EB5Investors.com

How can I apply for a work visa if my EB-5 based I-485 gets denied?

I am currently in the U.S. with a student visa. My I-526 got approved last month and I plan to file an I-485 to adjust my status to a conditional permanent resident. In the worst-case scenario where my I-485 application gets denied by USCIS, am I still eligible to apply for a work visa? Could my EB-5 application impact my ability to apply for other categories of non-immigrant visas?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Yes, you might be eligible for an H-1B if you have an employer sponsor and can file by April 2020.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Filing the I-485 will make another non-immigrant visa very difficult to get, regardless of EB-5 or any other EB qualification. I&#39d be interested to learn more about why you think your I-485 would be denied.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

If you still have a valid student visa you can apply for another non-immigrant work visa such as H-1B. Your EB-5 application won&#39t have any impact if you choose to apply for any non-immigrant visa.

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
Answered on

You need a consultation appointment with an immigration attorney who can discuss these various issues with you.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Yes, your immigrant intent could prevent you from receiving certain non-immigrant visas. It is very rare for I-485s to get denied. In other words, a legal cause for a denial of I-485 would likely prevent you from getting a NIV.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Unless the reason for your I-485 denial is based on fraud or any unlawful status in the U.S., your future processing for non-immigrant visas and or other forms of employment base processing should not be affected.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Yes, if your I-485 adjustment application is denied you can still apply for a non-immigrant work visa if you are otherwise eligible for same.

Robert West

Robert West

Immigration Attorneys
Answered on

Why would you think your I-485 would be denied? Crimes? Fraud? Very unlikely to be denied with an approved I-526. If you have a lawyer you should discuss your concerns with the lawyer, as on a question forum like this you cannot get into the details.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

First and foremost, congratulations on getting your I-526 petition approved. Let&#39s be optimistic and expect that your I-485 will be approved with no issues! In case it is not approved, you should still be able to pursue OPT, as long as you have not used it all up. Besides, you always have the company sponsorship route through H-1B, and a whole host of other options depending on which country you were born in and which country&#39s citizen you are. Once you have shown immigrant intent, some of the non-immigrant paths might become more challenging, but it is hard to say. In case your I-485 adjustment of status application is not approved, the most prudent action you can take is to engage an immigration attorney if you don''t already have one that you are already working with.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

It won&#39t stop you from filing for a work visa.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, the EB-5 is an immigrant case, so the only dual-intent NIV cases for a work visa in the event of a denial are H-1B and L-1.

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