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Can an EB-5 investor with an approved I-526 Petition travel on an H-1B Visa?

Because the H-1B Visa allows for immigrant intent, an H-1B Visa holder with an approved I-526 Petition should be able to travel outside the U.S. as long as his/her H-1B Visa is still valid and the visa’s underlying conditions (e.g., the visa holder still works for the sponsoring employer) are still met. The EB-5 investor should apply for adjustment of status (Form I-485) and advance parole (Form I-131) as soon as possible.