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
EB-5 Immigration attorneysA person can only have one I-485 pending with U.S. Citizenship and Immigration Services.
Dennis Tristani
EB-5 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
EB-5 Immigration attorneysYour employer should be able to request EB-2 I-140 be associated with your pending I-485.
Bernard P Wolfsdorf
EB-5 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
EB-5 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
EB-5 Immigration attorneysIt should be fine assuming you maintained your nonimmigrant status.
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