Is it possible to transfer the EB-2 priority date to my EB-5 application? - EB5Investors.com

Is it possible to transfer the EB-2 priority date to my EB-5 application?

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?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

The transfer of priority date(s) is not possible because you are dealing with two different immigrant visas which are practically unrelated.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

Unfortunately, under current U.S. immigration law, it is not possible to transfer the priority date as you suggested in your email.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

No, you can transfer from EB-1 to EB-2 to EB-3 but not to EB-5.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

You cannot transfer a priority date from EB-2 to EB-5.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, you should be able to transfer the priority date.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Generally, priority dates are not transferrable.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

No, it&#39s not possible to transfer an EB-2 priority date to your EB-5 petition priority date.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Unfortunately, no. You cannot transfer your EB-2 priority date to your EB-5 processing.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

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.

Vaughan de Kirby

Vaughan de Kirby

Immigration Attorneys
Answered on

Unfortunately there is no current provision to transfer your EB-2 or EB-3 priority date to your EB-5 application.

Blake Harrison

Blake Harrison

Immigration Attorneys
Answered on

Unfortunately, you will not be able to transfer your EB-2 priority date to your EB-5 application. They are treated as separate applications.

Mitch Wexler

Mitch Wexler

Immigration Attorneys
Answered on

No.

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