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Question:

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How can we pursue both an EB-2 and an EB-5 visa? My husband and I are both Indian-born professionals working in the United States and our employers have sponsored us for the EB-2 green card. In view of the current priority wait times we would like to explore the EB-5 option. Can we pursue both visa paths at the same time? If so, what will happen in the EB-2 process if the I-529 is approved, but two years later the I-829 is denied? Can the employer-sponsored EB-2 process be revived at that stage without losing the original EB-2 priority date?

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Answers:

February 10, 2015 16:19 Ed Beshara

Your immigration attorney will be assisting you in the entire process and clarifying what you can and cannot do. On the basis you have an approved I-140 petition under the EB-2 category but you have not yet filed your application for permanent residency, if the I-829 is denied and you no longer have conditional permanent residency, then when your I-140 petition's priority date becomes current then you can apply for permanent residency under the EB-2 category.

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