How can I keep my EB-3 priority date if my I-829 gets denied? - EB5Investors.com

How can I keep my EB-3 priority date if my I-829 gets denied?

I am a Chinese national with an H-1B visa. My EB-3 I-140 was approved with a priority date in November 2018. My six-year H-1B visa is going to expire in December 2020. Meanwhile, I have an approved I-526 application with a priority date in November 2014. I am about to file my I-485 under EB-5. I am wondering what happens to my EB-3 case if an EB-5-based conditional green card is granted. If I automatically lose my EB-3 priority date, will I be able to get it back if my I-829 gets denied?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

If your EB-5 conditional green card is granted, you can still keep the EB-3, assuming you have not withdrawn the underlying I-140. If for any reason the eventual I-829 you filed pursuant to the EB-5 is denied, you can pursue the EB-3.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Your EB-3 priority date remains and could be a backup plan if you need one later provide the employer is ready to sponsor you, or if you file another immigrant petition under EB-1/2 or 3.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

Even if your I-829 is denied, you should not lose your priority date on the EB-3. Just make sure not to withdraw the I-140 you filed based on your EB-3 application until your two-year conditional green card is replaced with the 10-year permanent green card.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

Normally once a green card is approved, the remaining applications are withdrawn or cancelled. In your case, I will as your lawyer to work with the USCIS to keep you EB-3 case pending until you receive the permanent green card based on the EB-5.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Your I-140 approval stays valid (and priority date maintained) as long as the petitioner has not withdrawn the petition.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

You have an argument under the new regulations.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

If the priority date was achieved after your conditional residency was approved, it should be valid. The new EB-5 rules going into effect on Nov. 21, 2019, have some language relating to retention of priority dates as well that you should check.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.