We are from India. Both my husband and I filed EB-2 based I-485s along with I-765 and I-131. We are now eligible to file EB-5 based I-485 (where I am primary applicant). As EB-2 Final action dates look distant, we would like to use our I-526 approval and go ahead with EB-5. But doing so, will we get RFEs for every application because there are multiple applications? If yes, is interfiling a neater approach?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyInterfiling is one option, but it is hard to get acknowledgment. If you want to avoid wasting time maybe best to file a second adjustment application.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyI prefer to only have one I-485 and to indicate to the USCIS which application you want this to accompany. But disclose that both, the I-140 and the I-526, have been approved. And if you are changing the immigrant petition, you want the previously filed I-485 to be linked.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyPersonally, I would file multiple I-485s given the difficulty of communication with the USCIS. Upgrade/downgrade is unlikely to work between EB2 and EB5 since they are not related categories. Your attorney can discuss the pros and cons of each approach with you, but I would probably file separate I-485s and deal with the USCIS inquiries as they come up.
Kevin Michael Tracy
Find an EB-5 Visa Lawyer: Immigration AttorneyTo file the I-485 applications, your priority date must be available. There are two ways to file: final action date, which for India is Sept. 22, 2009 (November bulletin). Or the employment filing date, which is May 15, 2011 (November bulletin).
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyPlease clarify what you actually filed and when, as timelines matter, as does the eligibility to file an I-485 with a priority date approaching or passed.
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