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Waiting for I 485 approval
I have got I-140 approved through my previous employer (H1B Visa) and submitted I-485 and waiting for an approval due to retrogression.
During this period I also submitted another application for I-526 to set up my own venture and got the I-526 approved.
I left my employer and running my Eb-5 business successfully for more than 1.5 years and waiting for I-485 approval for EB-5 though the status is always current and I-526 got approved almost 1 year ago.
I have EAD for both the cases and involved in my business full time for the past 1.5 years and traveled outside US using Advance parole.
My questions are as follows:
1) Why my I-485 taking so much time when I-526 was approved 1.5 years ago and EB5 quota is always current?
2) I have created jobs already and resources are on the payroll for the past 1.5 years. As I am inside the country and already running the EB5 business is it require to wait for additional 2 years to remove condition after approval?
3) Is there any chance my I-485 for EB5 could get denied though I-526 is approved and I am running business successfully?
4) Can I still stay and use my other employment based EAD and wait for its approval (My extension of H1 is expiring 2010 which I am not using) if my Eb5 I-485 get rejected?
Thanks
You asked many questions, so let me address them one by one.
1) Why my I-485 taking so much time when I-526 was approved 1.5 years ago and EB5 quota is always current?
Answer: Sometimes due to USCIS delay, security check or bad luck, they may take longer than other cases. You have to have your attorney contact CSC to find out status.
2) I have created jobs already and resources are on the payroll for the past 1.5 years. As I am inside the country and already running the EB5 business is it required to wait for additional 2 years to remove condition after approval?
Answer: After your I-485 is approved, you will be given conditional green card status, which means you can only apply for I-829 conditions removal petition 21 months after you obtain the I-485 approval for conditional green card.
3) Is there any chance my I-485 for EB5 could get denied though I-526 is approved and I am running business successfully?
Answer: Legally, it's considered a separate application. For example, they can ask for additional evidence even though I-485 is based on an already-approved I-526. For example, they may want to see if you have been maintaining your status before you applied for I-485.
4) Can I still stay and use my other employment based EAD and wait for its approval (My extension of H1 is expiring 2010 which I am not using) if my Eb5 I-485 get rejected?
Answer: If you are still working for your H1B employer, in addition to running your EB-5 business, I assume you can.
I hope the above answers have been helpful.
Hi Kash,
Could you please give me your contact information? or email i have a question to ask. I need help on applying for I-526 form myself.
I have a plan, sure will work. And money + jobs creation are well beyond the requirements.