I am an Indian national working in the U.S. on an H-1B visa with an EB-2 priority date in 2012. I have been thinking about filing for EB-5, but I learnt that there might be a retrogression for Indian applicants very soon. If I file for EB-5, will I be able to transfer my EB-2 priority date to my EB-5 application?
The transfer of priority date(s) is not possible because you are dealing with two different immigrant visas which are practically unrelated.
Unfortunately, under current U.S. immigration law, it is not possible to transfer the priority date as you suggested in your email.
No, you can transfer from EB-1 to EB-2 to EB-3 but not to EB-5.
You cannot transfer a priority date from EB-2 to EB-5.
Yes, you should be able to transfer the priority date.
No, you cannot. You may be able to recapture a priority date on EB-1, EB-2 and EB-3, but not EB-5. EB-1, EB-2, EB-3, on one hand, and EB-5 on the other go in parallel to each other.
Generally, priority dates are not transferrable.
No, it's not possible to transfer an EB-2 priority date to your EB-5 petition priority date.
Unfortunately, no. You cannot transfer your EB-2 priority date to your EB-5 processing.
The short answer is you cannot transfer. But there might not be any need for it anyway. At this point, Indian EB-5 applications are current. It is expected that sometime this summer or may be by the end of this summer there might be retrogression on EB-5 applications. Even if there is retrogression on EB-5 for Indian citizens, nobody really knows for sure how long the wait will be for adjustment of status once the I-526 petition is approved then. While you cannot transfer the EB-2 priority date to your current intended EB-5 application, if you do decide to apply for the EB-5, you do not need to cancel your EB-2 application. In case the EB-2 gets approved before you can apply for adjustment of status on your EB-5, you simply proceed with the EB-2. I hope this helps. If you are still confused, I strongly advise you to seek the advice of an immigration attorney experienced in EB-5.
Unfortunately there is no current provision to transfer your EB-2 or EB-3 priority date to your EB-5 application.
Unfortunately, you will not be able to transfer your EB-2 priority date to your EB-5 application. They are treated as separate applications.
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.