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
Immigration attorneysThe transfer of priority date(s) is not possible because you are dealing with two different immigrant visas which are practically unrelated.
Fredrick W Voigtmann
Immigration attorneysUnfortunately, under current U.S. immigration law, it is not possible to transfer the priority date as you suggested in your email.
Bernard P Wolfsdorf
Immigration attorneysNo, you can transfer from EB-1 to EB-2 to EB-3 but not to EB-5.
Julia Roussinova
Immigration attorneysYou cannot transfer a priority date from EB-2 to EB-5.
Lynne Feldman
Immigration attorneysYes, you should be able to transfer the priority date.
Hassan Elkhalil
Immigration attorneysNo, 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
Immigration attorneysGenerally, priority dates are not transferrable.
Charles Foster
Immigration attorneysNo, it's not possible to transfer an EB-2 priority date to your EB-5 petition priority date.
BoBi Ahn
Immigration attorneysUnfortunately, no. You cannot transfer your EB-2 priority date to your EB-5 processing.
Marko Issever
EB-5 Broker DealersThe 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
Immigration attorneysUnfortunately there is no current provision to transfer your EB-2 or EB-3 priority date to your EB-5 application.
Blake Harrison
Immigration attorneysUnfortunately, you will not be able to transfer your EB-2 priority date to your EB-5 application. They are treated as separate applications.
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