I’m an EB-5 Chinese investor who filed my I-526 form in September 2017. I’m currently in China and received my I-526 approval in February 2024. Do I now wait for my priority date to become current? I have read a lot about the I-526 approval expiring at NVC. Do I contact my lawyer and start filing for consular processing? I also have H-1B visa eligibility as I worked for a US employer for 1 year after my F-1 OPT but returned to China after they laid me off. I wonder if I should apply for an H-1b visa if I could secure a job offer in the US. In this scenario, can I file an I-485 to adjust my status within the US?
Answers
Bernard P Wolfsdorf
Immigration attorneysYour priority date is not yet current, as unfortunately China is backlogged. If you can find a new employer you can file a new H-1B and if your priority date comes up, for example under chart B date for filing and USCIS allows a date for filing instead of final action date, you can then file an adjustment.
Lynne Feldman
Immigration attorneysWe would need to review your I-526 approval to see if it is set up for I-485 or immigrant visa processing at the consulate (you checked one of these boxes in the original I-526 petition and the approval notice will also tell us this). Depending on your I-526 category the next step is checking the monthly Vis Bulletin to see if your Priority Date (shows on the I-526 approval) is now current so you can proceed to the final steps. If you are in a nonimmigrant status such as H-1B or F-1, you may file to adjust status here regardless provided the Priority Date is now current.
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