How will an I-140 affect an EB-5 visa application? - EB5Investors.com

How will an I-140 affect an EB-5 visa application?

My wife and I applied for an EB-5 visa in 2015. Both of us are currently working on H-1B visas. My employer has also initiated the green card process. Can I get the temporary green card through EB-5 (I-526) and simultaneously continue with the green card (I-140) with my current employer?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Generally, multiple immigrant processes can proceed simultaneously, but an immigration attorney would work with you to review the best strategy for filing and withdrawing petitions at the appropriate times.

Jimena G Cabrera

Jimena G Cabrera

Immigration Attorneys
Answered on

No. You may not have two applications for adjustment of status pending simultaneously.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

Yes; while you can only hold one visa status or one green card, there is no restriction on having multiple immigrant petitions pending. You just will have to choose one when it comes time, assuming they both are approved and have immigrant visa numbers available (current priority dates).

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

You may pursue two immigrant petitions, the I-526 and I-140, but you cannot file for adjustment based on both. The I-140, if approved, will provide you with basis to apply for a permanent green card rather than a two-year green card based on the I-526 if approved.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Absolutely you would need an underlying nonimmigrant status, unless you are at the I-485 stage.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You can absolutely pursue both simultaneously and then whichever comes through first may be best. Note, the I-140 green card is not conditional so that is a plus.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Yes, you may have an employment-based I-140 processing in conjunction with your EB-5 petition (I-526). There is nothing precluding you from processing both as long as both are legitimate filings. However, when it is time for filing the last stage of your green card processing (i.e. I-485), you need to choose between either the EB-5 or employer-driven petition. You may not file multiple I-485s.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

One only needs a green card. If you have a conditional green card through EB-5, there is no need to continue pursuing another one through the I-140. Consult an immigration attorney to discuss both options.

John J Downey

John J Downey

Immigration Attorneys
Answered on

Probably not, USCIS would more than likely ask you to withdraw the I-140.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Thank you for your inquiry. You cannot adjust status if you are already a conditional resident. But if your conditional residency is terminated, you can. Or you can consular process for a new immigrant visa.

Wilka Toppins

Wilka Toppins

Immigration Attorneys
Answered on

I do not see any issues with having two separate immigrant petitions.

Ying Lu

Ying Lu

Immigration Attorneys
Answered on

Yes, you can.

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