Questions and Answers > EB-5 Investments

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

  Immigration Attorney

  Answered on February 1, 2022

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

• Julia Roussinova

  Immigration Attorney

  Answered on January 31, 2022

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

• Dennis Tristani

  Immigration Attorney

  Answered on January 31, 2022

  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.

• Stephen Berman

  Immigration Attorney

  Answered on January 28, 2022

  It is not a problem.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on January 28, 2022

  It should be fine assuming you maintained your nonimmigrant status.

• Lynne Feldman

  Immigration Attorney

  Answered on January 28, 2022

  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.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 28, 2022

  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.