Can I have an EB1C as back-up if my I-829 for EB-5 is denied? -

Can I have an EB1C as back-up if my I-829 for EB-5 is denied?

I am Indian-born on an L1A visa, and my I-485 for EB-5 was just approved. My employer is filing an EB1C for me, and we would file for premium processing for I-140 also. Once my I-140 is approved, how can I change my job to keep the EB1 I-140 as a backup in case my I-829 is declined? Can I use an approved EB1 I-140 to request a 10-year GC instead of a 2-year conditional GC?


Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You would need to abandon the conditional residence to fall back on the EB-1C approval and adjustment.

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