How can I transfer my EB-2 priority date to my EB-5 application? - EB5Investors.com

How can I transfer my EB-2 priority date to my EB-5 application?

I am Indian national on an H1B visa with an EB-2 priority date in August 2015. I am considering applying for EB-5. My question is, once my I-526 gets approve, can I use my EB-2 priority date to adjust my status for EB-5? Is possible, will I lose my spot in the EB-2 line?

Answers

BoBi Ahn

BoBi Ahn

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Answered on

No, you cannot convert the EB-2 priority date for when you process for your EB-5, unfortunately.

Julia Roussinova

Julia Roussinova

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You do not lose a spot for your EB-2 if you file I-526, but you cannot transfer an EB-2 priority date to EB-5.

Salvatore Picataggio

Salvatore Picataggio

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My understanding is that you cannot pass priority dates across different categories, but only within the same category (so EB-2 to EB-2, and soon, EB-5 to EB-5). Some cases require an I-485 to be filed and pending 180 days first.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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You cannot transfer it.

Lynne Feldman

Lynne Feldman

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When you file the I-526, request the porting of your EB-2 priority date to that case.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

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No, you cannot use your EB-2 priority date to adjust your status for EB-5. Also, you may keep both EB-2 and EB-5 petitions, but in the event of one of them being approved, the USCIS will close out the other one since you can&#39t have two immigrant cards (green cards) at the same time. Advisably, consult an immigration attorney for further guidance.

Charles Foster

Charles Foster

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Answered on

Should your EB-5 petition on Form I-526 be approved, you cannot use your EB-2 priority date to adjust your status in the U.S., based upon the approved petition. You will not lose your spot in line for the EB-2, but you will create a new line once you have an approved EB-5 petition.

Marko Issever

Marko Issever

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Answered on

Unfortunately, you cannot link your EB-2 priority date to your EB-5 application. That said, you will not lose your spot on your EB-2 application by applying for the EB-5. If your EB-2 becomes current before there is any traction on your EB-5 application, a very unlikely scenario, you could then proceed with your EB-2.

Hassan Elkhalil

Hassan Elkhalil

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I would file under the EB-2 at this time.

Michael A Harris, Esq

Michael A Harris, Esq

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Unfortunately, while you may be able to transfer your priority date between other EB-2 and EB-3 categories pursuant to a newly filed I-140 petition, the same does not apply for an EB-5 petition. USCIS policy does not afford you this opportunity. New regulations will take effect on Nov. 21, 2019, and then priority dates will only be transferred to approved I-526 petitions based on the filing of a new I-526 filing, subject to certain limitations.

Mark AM Catam, Esq

Mark AM Catam, Esq

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Answered on

Unfortunately, you may not use the EB-2 priority date for the EB-5. However, you do not lose your spot in EB-2 by virtue of having an approved EB-5.

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