Free EB-5 Project Evaluation What are the consequences of an H-1B Visa holder filing an I-526 Petition?

Because H-1B Visas allow for dual intent, submitting Form I-526 will not affect a foreign national’s H-1B status. While awaiting adjudication, an H-1B holder should maintain his/her status, and once the I-526 is approved, the foreign national can apply for an adjustment to status through Form I-485.