How will my EB priority date get affected when my EB-5 I-526 is approved?

The India Final Action Date is 08NOV19. Unless USCIS opens the Chart B Date for Filing, you will not be able to file your adjustment and get an EAD. Generally, you can choose between EB-2/3 and EB-5 but if you complete one, such as the EB-2/3, then you have to surrender one green card to get the other.

You will have a separate EB-5 Priority Date which will govern when you can file the I-485s for each of you. If the I-829 is denied, you may apply for any nonimmigrant category that you qualify for including H-1B.

The EB-2 Priority Date will not be affected by the EB-5 Priority Date. USCIS processes each case independently and both cases will keep each their priority dates. You can apply for the Consular Green Card once the I-526 is approved, provided that you invested in a regional center or a rural zone which are current. If you are in the U.S.A, and you invested in a regional center or a rural zone, you can adjust status immediately. If for any reason the I-829 is denied, you can go back to your already approved EB-2. As mentioned, each case is processed independently and the priority date of one case will not affect the priority date of the other one.

The answer to your question is it depends on how long the I-140 has been pending or whether it has been approved or whether your employer has revoked the I-140 and whether either your sponsoring employer or another employer is willing to file supplement J to Form I-485. In any case, you would need to wait for your I-829 to be denied before you can explore any other option. Furthermore, you can always appeal the denial of Form I-829.

If your I-829 petition is denied, then you can proceed with the EB-2 case or the EB-3 case.