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What happens to my EB-2 case if my EB-5 petition is approved?

Currently, my I-140 is approved in the EB-2 category. I was issued an EAD card in 2012. I have submitted the I-485 and am waiting for dates to move on to my priority date. I want to start the EB-5 application through a regional center. If my I-526 is approved in the EB-5 category, what happens to my existing EAD and I-485 pending case? Will I lose that case completely or can I continue to hold the EAD and also the conditional green card issued in the EB-5 category?

Answers

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    Answered on

    You are allowed to file multiple immigrant petitions. Your I-485 is tied to the I-140 approval. If you later get an I-526 approved, you would probably have to start your green card application process with that approval instead.

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    Answered on

    You only need one green card; there is no reason to file another one. In addition, once you have obtained an EAD card under your EB-2 petition, that is all you need. Avoid duplication of efforts on this matter if you can. Advisably, consult an attorney on all your options before you proceed further particularly as it relates to EB-5.

  • Avatar
    Answered on

    Nothing happens to your existing EAD and your pending application for adjustment of status based upon an I-140 Petition filed under the EB-2 classification. If there is a significant time-saving, you would have the option of re-applying for adjustment of status, assuming visa numbers are available, based upon your approved EB-5 petition on Form I-526.

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    Answered on

    You can continue both procedures. When your EB-5 petition is approved, and provided there is no waiting line, you can simply file a new or second I-485 adjustment. Previously, we would merely interfile the I-526 approval on the pending adjustment, but it appears USCIS now prefers you file a new I-485 adjustment, and pay the additional filing fees.

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    Answered on

    Both can pend simultaneously and when one is current you will be asked to choose which adjustment you want to pursue.

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    Answered on

    You can always withdraw the pending I-485 when you want to take a different route to permanent residence (i.e., switch to EB-5 in lieu of the I-140 petition); HOWEVER, I would advise you discuss your options and reasoning with your legal counsel very thoroughly before you do so, in order to not jeopardize your current and future status.

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