I am interested in understanding the adjustment of status I-485 part of the EB-5 application. I understand I could receive an employment authorization document and an advance parole card during this stage. But how long until I actually adjust my U.S. immigration status as an H-1B visa holder applying for the EB-5? Until I actually get the approval, what will my status be?
Answers
Natalia Morozova
EB-5 Immigration attorneysThank you for your question. You will receive both an employment authorization and advance parole document during the process. Usually it comes within 4-6 months from the filing date. The adjustment of status typically takes around 1 year. Once you apply for the adjustment of status based on the EB-5 category you will still maintain your H-1B status as long as you continue to work for the H1B employer.
Matthew Kolodziej
EB-5 Immigration attorneysIt may take a year or longer for you to adjust status to LPR after the filing of the I-485. Processing times vary. Until then we recommend you continue to extend your H-1B, if possible. If you do not, you will be legally present in the U.S. with a pending application to adjust status. This is not a formal visa status, but you will be able to live and work in the US legally while your I-485 is pending.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysIf you keep maintaining your H1B visa status until your conditional green card approval (i.e. work for your H1B employer, comply with requirements of H1B status, travel using H1B visa, not using your EB-5-based EAD for employment), your status remains H1B. It is highly recommended to maintain the H1B visa status until you get your conditional green card (if possible). However, if you cannot do it, your status will be “Adjustment of Status pending,” which means you can stay in the U.S. while you are waiting for the case to adjudicated. After you have your EB-5 based EAD and travel document, you will be allowed to work and travel internationally.
Benjamin Hu
EB-5 Immigration attorneysA properly-filed AOS grants the holder a "period of authorized stay". During this time, the holder does not accumulate any unlawful presence, and is permitted to terminate or abandon a previous nonimmigrant status. Employment and advance parole are usually applied for alongside the AOS, and the employment authorization is usually the first of the documents to be issued.
The period of authorized stay is treated very similarly to that of a permanent resident by many state authorities, such as motor vehicle licensing bureaus and publicly-funded schools. As long as an applicant's birth nation has no waiting list for their green card category, they may file the AOS and enjoy the additional flexibility and protections of the period of authorized stay designation.
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