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 attorneysA person can only have one I-485 pending with U.S. Citizenship and Immigration Services.
Dennis Tristani
Immigration attorneysYou 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
Immigration attorneysYour employer should be able to request EB-2 I-140 be associated with your pending I-485.
Bernard P Wolfsdorf
Immigration attorneysThere 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
Immigration attorneysAs 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
Immigration attorneysIt should be fine assuming you maintained your nonimmigrant status.
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