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How will an I-140 affect an EB-5 visa application?

My wife and I applied for an EB-5 visa in 2015. Both of us are currently working on H-1B visas. My employer has also initiated the green card process. Can I get the temporary green card through EB-5 (I-526) and simultaneously continue with the green card (I-140) with my current employer?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally, multiple immigrant processes can proceed simultaneously, but an immigration attorney would work with you to review the best strategy for filing and withdrawing petitions at the appropriate times.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    No. You may not have two applications for adjustment of status pending simultaneously.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; while you can only hold one visa status or one green card, there is no restriction on having multiple immigrant petitions pending. You just will have to choose one when it comes time, assuming they both are approved and have immigrant visa numbers available (current priority dates).

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may pursue two immigrant petitions, the I-526 and I-140, but you cannot file for adjustment based on both. The I-140, if approved, will provide you with basis to apply for a permanent green card rather than a two-year green card based on the I-526 if approved.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Absolutely you would need an underlying nonimmigrant status, unless you are at the I-485 stage.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can absolutely pursue both simultaneously and then whichever comes through first may be best. Note, the I-140 green card is not conditional so that is a plus.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you may have an employment-based I-140 processing in conjunction with your EB-5 petition (I-526). There is nothing precluding you from processing both as long as both are legitimate filings. However, when it is time for filing the last stage of your green card processing (i.e. I-485), you need to choose between either the EB-5 or employer-driven petition. You may not file multiple I-485s.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    One only needs a green card. If you have a conditional green card through EB-5, there is no need to continue pursuing another one through the I-140. Consult an immigration attorney to discuss both options.

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    John J Downey

    Immigration Attorney
    Answered on

    Probably not, USCIS would more than likely ask you to withdraw the I-140.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Thank you for your inquiry. You cannot adjust status if you are already a conditional resident. But if your conditional residency is terminated, you can. Or you can consular process for a new immigrant visa.

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    Wilka Toppins

    Immigration Attorney
    Answered on

    I do not see any issues with having two separate immigrant petitions.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    Yes, you can.

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