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Questions and Answers > H-1B Visa

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?

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Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    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.

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    BoBi Ahn

    Immigration Attorney
    Answered on

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

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    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.

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    Charles Foster

    Immigration Attorney
    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.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    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't have two immigrant cards (green cards) at the same time. Advisably, consult an immigration attorney for further guidance.

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    Lynne Feldman

    Immigration Attorney
    Answered on

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

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    Mark AM Catam, Esq

    Immigration Attorney
    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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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    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.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

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

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    Marko Issever

    EB-5 Broker Dealer
    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.