How will switching jobs under H-1B impact my EB-5 application? - EB5Investors.com

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
Answered on

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

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Porting to a new employer on one&#39s H-1B should have no impact on an EB-5 application.

Charles Foster

Charles Foster

Immigration Attorneys
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.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

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

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

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

Blake Harrison

Blake Harrison

Immigration Attorneys
Answered on

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

Mitch Wexler

Mitch Wexler

Immigration Attorneys
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.

Sarah A Schroeder

Sarah A Schroeder

Immigration Attorneys
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.

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.