I am concerned about my continued presence in the U.S. due to recent immigration updates. I’m on an H-1B, planning on studying after my visa ended. However, I now see that EB-5 is a safer option for permanent residency. Should I apply now, with a year left still on my H-1B? Should I wait? Will concurrent filing work after the September deadline?
Answers
Jimena G Cabrera
EB-5 Immigration attorneysThe memorandum regarding restrictions on adjustment of status is still a developing matter. At this time, we need additional information on how USCIS intends to implement these changes. In your case, because the H-1B is a dual-intent visa, it would generally be more advantageous to file now rather than while holding F-1 status, which is based on nonimmigrant intent. You also mentioned that you have approximately one year remaining in H-1B status. This period can be used while your Employment Authorization Document (EAD) application is being processed, helping to avoid any interruption in your employment authorization and ability to work.
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