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How will filing an EB-5 I-485 as a spouse affect filing of an EB-2 I-485?

I am currently in H1-B status and my company is processing an EB-2 (PERM) for me. My wife submitted an I-526 late last year, so hopefully it will get approved in the next couple of months. We are both Chinese. My question is, if I submit the I-485 for EB-5 as a dependent, can my company still process my EB-2 application? And since potential failure is a possibility for the I-829, is it better for us to apply for EB-2 and EB-5 separately?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    It is acceptable for the filing of multiple immigrant petitions. When the first immigrant petition is approved, then you and your spouse can both file for your adjustment to permanent residency.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may file under either EB-2 or EB-5 and/or be a dependent in your spouse's I-526 pending case as a spouse. When you are ready to file the I-485, it will be necessary to file under a specific employment-based category. Please consult an experienced immigration attorney who will be able to discuss the specifics of your case, the strengths and weaknesses of a regional center project for your spouse's pending I-526 case, and similar issues.

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    John J Downey

    Immigration Attorney
    Answered on

    I think you may have a problem having two different applications filed at the same time. I believe you must make a selection. How strong is your EB-5 investment project? Is it part of a larger regional center proposal? The EB-5 would be less hassle than the PERM. If the EB-5 looks like a solid investment, I would stay with that one.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Since EB-2 gets you the permanent residency without any condition, it may be better. However, since your wife has already done the EB-5, you should just wait and see which way will get you the green card faster and then decide. If your wife has done the EB-5 case with a regional center that has had a good track record with I-829 approvals, you may not need to worry too much about the denial risk.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can pursue both simultaneously.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no issue with processing for your own Employment-Based 2nd Preference immigrant petition simultaneously with EB-5 processing as a dependent. I would suggest going with whichever is the fastest (i.e., I-526 or PERM) and file the I-485 when approved - which would also depend on the PRIORITY DATE as Chinese Nationals.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You are eligible to file under more than one category of green card, but once they get ready to grant permanent residency, you have to choose. To advise you best I would need to know about the investment that is the basis of the I-526 and how solid the project is.

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