My employer is ready to file an EB-2 I-485 for me, while my EB-5 I-485 is pending. Will having two pending I-485s at the same time cause RFEs?
Answers
Bernard P Wolfsdorf
Schedule a Free Consultation with Top EB5 Visa AttorneysIn prior years, it was not allowed, but now it appears they happy to accept your filing fees.
A Olusanjo Omoniyi
Schedule a Free Consultation with Top EB5 Visa AttorneysYes, you can. However, if one of them is approved, the remaining one will be dismissed by the USCIS.
Anastasia White
Schedule a Free Consultation with Top EB5 Visa AttorneysNot necessarily. Although you may consider transferring the basis of an adjustment application from an EB-5 category to an EB-2 category if all requirements are met. It might allow you to save on filing fees and to recapture some time during which the first I-485 was processing. Consult with an immigration attorney regarding your options.
Belma Demirovic Chinchoy
Schedule a Free Consultation with Top EB5 Visa AttorneysThe answer is mostly likely OK. It depends on whether or not you have maintained your NIV status.
Salvatore Picataggio
Schedule a Free Consultation with Top EB5 Visa AttorneysI-485 cases can actually be transferred.
Lynne Feldman
Schedule a Free Consultation with Top EB5 Visa AttorneysIf the EB-2 is more faster and more favorable, what the employer can do is just request the I-140 be linked to your pending I-485 in EB-5. There is no need to file a brand new I-485.
Stephen Berman
Schedule a Free Consultation with Top EB5 Visa AttorneysIt seems unnecessary to file twice, but there is no rule against it, and it should not cause RFE''s unless the applications contradict each other (for example, one says you are a policeman, the other says you are an aerospace engineer).
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