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Just recd I-526 - next steps?
I have just received my I-526 and was wondering on next steps. I am presently in the US on an H1 B visa valid till June 2010.
USCIS press release says:
USCIS has not made a final determination whether it may approve Regional Center affiliated adjustment of status applications after the provisions sunset and it will hold these Form I-485 applications in abeyance pending a final determination or Congressional action.
It mentions 1-485 but does not say anything about consular processing. Does it mean that consular processing would continue irrespective of extension of the EB 5 regional centre based on indirect jobs?
What would be my best option?
I am assuming you just received an I-526 petition approval notice.
The RC Program extension should take place next week. The House has already approved the 2009 Omnibus Appropriations bill containing the extension, and this bill has been placed on the Senate calendar for consideration next week. Depending on what you indicated on the I-526 petition (the I-526 form requires you to say whether you will be filing I-485 or consular processing), you can file I-485, i.e., adjust, no matter what, but cannot consular process if you indicated that you would file I-485. Both options are foreclosed to you if the RC Program extension does not take place, but like I said, there is 99% chance it will get extended within 2 weeks or earlier.
Thanks . May I congratulate you on your excellent website? It inspires confidence re EB 5 !!!
I have indicated 1-485 in my petition- can I change to consular or is that option closed for me now ?
What happens to the money in the escrow account if the RC Programme is not extended but I have received approval notice for I-526 but cannot apply for 1-485 ?
Even if it gets extended till September wonder if I will get my 1-485 approved before that.
I know I can continue getting an ext for my H1B one year at a time as filled more than 365 days before my H1B expired and have got my first one year extension till June 1010. But dont think my employer would be too happy applying for extensions every year!
Also if I get laid off, a real possibility, I wont be able to stay on and adjust status hence was looking at consular !
Please help and make my case look as easy as EB5!!!
:) Tx for your kind words, but there is no "guarantees" in EB-5 Program; otherwise, it would not be an "investment" program.
If you already indicated that you would pursue I-485 on your I-526 petition form, the normal course of action is for USCIS to hold that approved I-526 petition case file and not forward it to NVC. However, I have seen some instances where USCIS mistakenly forwarded I-526 approvals which indicated I-485 processing to NVC for consular processing.
If the RC Program does not get extended, and that is the reason why your I-485 cannot be approved, then in all likelihood, the RC Program should refund the money, but you have to look at the escrow agreement.
The RC Program should get extended beyond the September 30th -- probably for 5 years.
When you file I-485, you can obtain EAD which allows you to work, so you don't have to maintain your H-1B status.
Note that you should be consulting with your attorney of record though on these matters.
Just received my I - 526 approval notice- this gives me both options 1)continue with I-485 as indicated while applying or 2)
submit I-824 (request for action on approved petition) for consular processing.
I have read somewhere in your website that consular processing is the preferred option. Could you please elaborate the reason for this? I am from India on an H1B valid till June 2010.
Many thanks again!
Congrats.
Submitting I-824 (request for action on approved petition) to appropriate USCIS to change from I-485 processing to the consular processing can be a pain in the butt, to be blunt. It can delay things up to 1 year. In your case, I would tell you (if I was your cousin) just go for I-485 if you are already present in the US lawfully. You should be able to obtain EAD (employment document) and travel document.
The main reason we prefer the consular processing is that one can estimate the probable processing period pretty accurately, but with I-485, it's a crap shoot. Take a look at the recent News reg. potential FBI Name Check delays that can hold up your I-485 case. Many attorneys in the US tell clients to do I-485 instead because they are more familiar with the I-485 process.