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How will switching jobs under H-1B impact my EB-5 application?

I am currently on a H-1B visa and I am planning to go through the EB-5 process for my green card. I am also planning to switch jobs soon. Is it better to change jobs after the I-526 application has been filed? Is it OK if I switch jobs on H1-B while filing for I-526? Does this cause any complications to my EB-5 application?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Switching H-1B jobs is not material to your EB-5 application.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    H-1B visa allows for dual intent (non-immigrant and immigrant). Therefore, switching jobs before or after filing I-526 petition should not have negative impact on your case as long as you remain in valid underlying non-immigrant status (H-1B) and properly maintain it.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Porting to a new employer on one's H-1B should have no impact on an EB-5 application.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    The timing of your change to the new H-1B employer does not affect your I-526 petition.

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    Sarah A Schroeder

    Immigration Attorney
    Answered on

    So long as you maintain valid H-1B status while your I-526 is pending (if you plan to adjust status from within the U.S.) and your H-1B employment is not related to your EB-5 investment (e.g., you are not working for the entity in which you will invest), then changing H-1B employers should not have an impact on your EB-5.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    This will have no impact on your I-526.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    Filing a change of employer H-1B petition will have no impact on a pending EB-5 (I-526) petition. The only risk would be the petition not being approved under recently implemented higher adjudication standards. Even if denied, it would have no impact on the adjudication of the I-526, but the applicant might have to depart the U.S. and apply for their EB-5-based immigrant visa at the U.S. consulate back home.

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    Blake Harrison

    Immigration Attorney
    Answered on

    Changing jobs either before or after filing the Form I-526 will not affect the outcome of the case.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can switch jobs anytime. Neither your H-1B visa nor your EB-5 petition will be adversely affected.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    H-1B is a dual-intent status, so switching jobs is fine.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Since H-1B is a dual-intent visa, there is no negative impact on changing the employer even after you file the I-526. Just make sure that you do not change the employer without first filing the necessary change of employer petition. Making sure that you maintain your status valid until your I-526 is approved so that you could adjust your status properly would be important.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Switching jobs under H-1B will have no impact on your EB-5 petition.

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    Charles Foster

    Immigration Attorney
    Answered on

    You can switch from one H-1B employer to another H-1B employer only after the prospective H-1B employer files a new petition and you have received the receipt for the new H-1B petition. Changing from one H-1B employer to another does not in any way impact your EB-5 investor petition on Form I-526. You can change jobs at any time; it does not cause any complications for EB-5 purposes.

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