Should I still pursue an EB-3 with an approved EB-5 green card? -

Should I still pursue an EB-3 with an approved EB-5 green card?

I am currently an H1B visa holder, and this month, I got my I-485 and my conditional green card approved through EB-5 (I am dependent on my parents’ case). I also have an EB-3 petition with my current company with a priority date of late 2021 (I-130 approved). Do I need to notify my company of my EB-5 approval? Will I be forced to withdraw my EB-3 petition at this point? My concern is that due to the insane processing time of I-829 and the possible risk of rejection, I’d like to keep my EB-3 petition as insurance (as it could be faster than waiting for I-829). Also, my partner and I are not married yet, and I obviously could not bring her to EB-5 previously because I was the dependent. Now, if I keep my EB-3 case and when it’s my turn to submit the EB-3 I-485 (we want to get married while it’s pending), will they qualify to receive a green card at the same time after my I-485 is approved? (without going thru an F2A)? Can I have two approved I-485 (from both EB-5 and EB-3) or should I surrender my EB-5 green card at that point and “switch” to EB-3?


Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You can keep both—but you must surrender your conditional card in order to be eligible to process under your EB-3. If you marry now, you can file an F2A spousal petition for your newly acquired spouse.

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