We are Indian-born professionals. My husband”s EB-2 priority date (Feb 2011) got current for ”Date of filing”, and we are eligible to apply for I-485 and EAD. I had filed my EB-5 application about 2 years back (Sep 2018), and are expecting approval soon.
Can we proceed with the I-485 application through EB-2 now, and obtain EAD, and still keep our EB-5 application active as we have a huge backlog for EB2 final-action dates?
If we get our I-526 approved before our EB-2 I-485 gets adjudicated, can we then port our I-485 application through EB-5 again?
Answers
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyIt is possible to transfer I-485 applications. An attorney will be essential for that.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyUnless you have maintained underlying non-immigrant status, it is not clear you can file a new adjustment because adjusting status requires valid non-immigrant status. You can ask the USCIS to allow you to interfile the new approved visa petition and that would allow you to extend or transfer your work and travel cards. If you also have a valid H-1B status, you can technically now file two I-485s and see which is faster. There is no porting here.
Kristal Ozmun
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, you can apply for AOS through EB-2 now. You I-526 petition will still be adjudicated. Generally, it is possible to transfer the basis of an AOS from EB-2 to EB-5. However, we recommend you have an attorney to review your eligibility for transfer.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, this is doable but when you get to the final date for your interview on the green card, you will need to choose one. Until then, both can pend and you get the benefit of both processes. (Only need one adjustment though).
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyNothing prevents you to have two I-485s pending, but there is no such thing as porting an I-485. Discuss this with an attorney.
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