EB-5 Q&A:How does an investor apply for an MBA during I-526 processing?


     First, when does your H-1B expire?  What total number of years have you held your H-1B status?  If you have been here for less than 6 years in H-1b status, is your employer willing to extend?  So long as you are in H-1B status your filing I-526 will have no negative effect.  In H-1B status you have dual intent, i.e. an intent to return to your native country and also an intent to reside in the United States.  However if you change to F status in order to pursue your MBA, you lose dual intent.  Therefore, you need to obtain F status before formalizing your intent to obtain permanent residence in the United States in filing I-526. 

      The initial question is whether an immigrant visa is currently available to you through the EB5 program and whether you can concurrently file your I-485 application before your H-1B status expires.