Questions and Answers > EB-5 Forms

What is the status of my EB-5 I-485 if I have approved EAD and AP but my priority date and date of filing are not current?

I submitted my EB-5 petition along with my I-485 even though my priority date and date of filing application were not current. USCIS sent me receipt notices for both the petition and I-485 and did not reject my I-485. I then used my I-485 receipt notice to apply for an EAD and Advance Parole, which were approved recently. Can I consider my I-485 to be pending even though my priority date and filing date are still not current? I am also an F-1 student at the moment.

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on May 18, 2023

  Yes, I-485 seems to be pending.

• Dennis Tristani

  Immigration Attorney

  Answered on May 16, 2023

  So long as you submitted your I-485 when your priority date was current, USCIS will have accepted your application and issued your EAD/AP. Your I-485 will remain pending and unaffected by visa retrogression. You can continue to renew your EAD/AP while you wait for your priority date to become current. Once this occurs, USCIS can move forward to adjudicate your I-485 and issue your green card.

• Stephen Berman

  Immigration Attorney

  Answered on May 16, 2023

  It seems to me you are heading for a denial if you filed the I-485 before the visa number was available.