How can I file an EB-2 I-485 while I have a pending EB-5 I-485? - EB5Investors.com

How can I file an EB-2 I-485 while I have a pending EB-5 I-485?

I have a pending EB-5 I-485 and my employer is planning to file an EB-2 I-485 since my EB-2 dates are current. Is this allowed or could there be any problems?

Answers

Daniel A Zeft

Daniel A Zeft

Immigration Attorneys
Answered on

A person can only have one I-485 pending with U.S. Citizenship and Immigration Services.

Dennis Tristani

Dennis Tristani

Immigration Attorneys
Answered on

You can have two pending I-485 applications. It behooves you to file the EB-2 I-485 - this will result in you receiving a permanent 10-year GC. You can withdraw the pending I-485 (I-526 based) at the EB-2/I-485 interview.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

Your employer should be able to request EB-2 I-140 be associated with your pending I-485.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

There are two options: you can either file a second adjustment, or you can switch the underlying basis. On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) posted information on its website regarding the process.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

As long as the EB-5 case has not been approved, it is fine to have multiple I-485s pending. The employer can avoid filing another I-485 and can instead ask that the I-140 in EB-2 be linked to the pending I-485 now attached to your I-526.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

It should be fine assuming you maintained your nonimmigrant status.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

It is not a problem.

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