Questions and Answers > EB-5 Forms

Can one have two pending I-485s?

My employer is ready to file an EB-2 I-485 for me, while my EB-5 I-485 is pending. Will having two pending I-485s at the same time cause RFEs?

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on June 24, 2020

  Yes, you can. However, if one of them is approved, the remaining one will be dismissed by the USCIS.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on June 24, 2020

  In prior years, it was not allowed, but now it appears they happy to accept your filing fees.

• Stephen Berman

  Immigration Attorney

  Answered on June 23, 2020

  It seems unnecessary to file twice, but there is no rule against it, and it should not cause RFE''s unless the applications contradict each other (for example, one says you are a policeman, the other says you are an aerospace engineer).

• Lynne Feldman

  Immigration Attorney

  Answered on June 23, 2020

  If the EB-2 is more faster and more favorable, what the employer can do is just request the I-140 be linked to your pending I-485 in EB-5. There is no need to file a brand new I-485.

• Salvatore Picataggio

  Immigration Attorney

  Answered on June 23, 2020

  I-485 cases can actually be transferred.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on June 23, 2020

  The answer is mostly likely OK. It depends on whether or not you have maintained your NIV status.

• Anastasia White

  Immigration Attorney

  Answered on June 23, 2020

  Not necessarily. Although you may consider transferring the basis of an adjustment application from an EB-5 category to an EB-2 category if all requirements are met. It might allow you to save on filing fees and to recapture some time during which the first I-485 was processing. Consult with an immigration attorney regarding your options.