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Questions & Answers > EB-5 Investments

What happens to H-1B visa status after I-526 filing?

I'm currently on an H-1B visa. My petition expires in 2017 and I need to renew the H-1B stamp on my passport every year for the visa to be valid. I want to submit an I-526 application soon and as of now it takes 13-15 months for the I-526 to be approved after filing. My question is, what will happen to my H-1B visa during this time after I-526 filing and before I-485 submission? Will I still be able to obtain the H-1B stamp and lawfully work with my current company?

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Answers

Ed Beshara

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on November 30, 2015

You should continue your legal H-1B status in the United States after the filing of the I-526 petition. The filing of the I-526 petition is not the filing of your application for permanent residency. If you are in legal status in the United States when your I-526 petition is approved, then you can legally file your I-485 application for conditional permanent residency.

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on November 30, 2015

I-526 filing should not affect your current H-1B status because H-1B allows for dual intent. You need to maintain your underlying H-1B status and terms of employment because the I-526 does not grant any immigration status. You will be able to file the I-485 if your I-526 is approved.

John J Downey

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on November 25, 2015

Your I-526 application should not affect your H-1B status.

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on November 25, 2015

The H-1B is one of the nonimmigrant statuses that allow for dual intent, meaning that if you move forward with an immigrant (green card) process, that should not affect the H-1B status. Once you get the I-526 approval and file for adjustment of status, you have to then consider your employment.

Sufen Hilf

Find an EB-5 Visa Lawyer: Immigration Attorney

Answered on November 25, 2015

Yes, because H-1B allows for having immigrant intent.

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