How does a pending EB-5 application affect a new EB-1 application? - EB5Investors.com

How does a pending EB-5 application affect a new EB-1 application?

I am currently working in the U.S. and in the process of applying for the EB-1 visa. I applied for the EB-5 visa a few years ago. Does that EB-5 application have any impact on the EB-1 application? What steps should I take to ensure it does not?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys Directory
Answered on

The EB-1 you are filing does not in any way clash with your EB-5, but you should disclose the filing in your EB-1 application.

Lynne Feldman

Lynne Feldman

Immigration Attorneys Directory
Answered on

You may have both pending, but if you are at the I-485 stage, then more complicated.

F Oliver Yang

F Oliver Yang

Immigration Attorneys Directory
Answered on

You can have multiple immigrant petitions (I-526, I-140) pending. So no, the prior I-526 filing will not impact your EB-1 I-140 filing. However, you can only have one green card application (DS-260/I-485) based on an approved immigrant petition.

Barbara Suri

Barbara Suri

Immigration Attorneys Directory
Answered on

No impact. These are two separate applications under their own set of rules.

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