Considering EB5 for fear of children aging out

[singax]

Hi All, Need inputs to very expensive decision .

My priority date is 21 Jan 2011 in EB2 (India). Based on current movement, not sure when I will get green card or I get it at all. My son is 18 yrs now and going to college, after 3 years, he will be 21, hence exploring other routes like EB5. I was told limit is increasing from 500K to 1 Mil from Oct 21, hence have few days to decide.

Do you think, based my EB2I priority date, Is it worth investing 550 K (500K investment +50K processing fee).

[iatiam]

Hi All, Need inputs to very expensive decision .

My priority date is 21 Jan 2011 in EB2 (India). Based on current movement, not sure when I will get green card or I get it at all. My son is 18 yrs now and going to college, after 3 years, he will be 21, hence exploring other routes like EB5. I was told limit is increasing from 500K to 1 Mil from Oct 21, hence have few days to decide.

Do you think, based my EB2I priority date, Is it worth investing 550 K (500K investment +50K processing fee).

I am no expert in movement prediction, but three years for EB2I to reach Jan 2011 seems like a stretch. There are about 15,000 people from May 2009 to March 2010. With a conservative 3,000 approvals per year, it will take 5 years for the inventory to clear but the filing dates may move quicker than that. Your better bet might actually be to cross-file in EB3 since it may move faster. Again, I am no expert and there is limited data espcially for EB3

[singax]

I am no expert in movement prediction, but three years for EB2I to reach Jan 2011 seems like a stretch. There are about 15,000 people from May 2009 to March 2010. With a conservative 3,000 approvals per year, it will take 5 years for the inventory to clear but the filing dates may move quicker than that. Your better bet might actually be to cross-file in EB3 since it may move faster. Again, I am no expert and there is limited data espcially for EB3

Hey iatiam, thanks a lot for quick reply. I know, given so many factors, no one can predict GC moment anymore.

[smuggymba]

Hi All, Need inputs to very expensive decision .

My priority date is 21 Jan 2011 in EB2 (India). Based on current movement, not sure when I will get green card or I get it at all. My son is 18 yrs now and going to college, after 3 years, he will be 21, hence exploring other routes like EB5. I was told limit is increasing from 500K to 1 Mil from Oct 21, hence have few days to decide.

Do you think, based my EB2I priority date, Is it worth investing 550 K (500K investment +50K processing fee).

If you can afford 550K, that would be a great route.

Senate comes back after recess mid Oct and even if there's a promising sign on S386 (unlikely), you won't have much time to decide. you get returns on 500K investment anyway.

[rocketfast]

Hi All, Need inputs to very expensive decision .

My priority date is 21 Jan 2011 in EB2 (India). Based on current movement, not sure when I will get green card or I get it at all. My son is 18 yrs now and going to college, after 3 years, he will be 21, hence exploring other routes like EB5. I was told limit is increasing from 500K to 1 Mil from Oct 21, hence have few days to decide.

Do you think, based my EB2I priority date, Is it worth investing 550 K (500K investment +50K processing fee).

Fwiw, my priority date is march 2011 and worst case scenario for me is 11 years of wait time.

You must be aware that eb5-i currently has a backlog of 7 years. Does the conditional greencard given help your son avoid going out of status?

[singax]

Fwiw, my priority date is march 2011 and worst case scenario for me is 11 years of wait time.

You must be aware that eb5-i currently has a backlog of 7 years. Does the conditional greencard given help your son avoid going out of status?

I am meeting with Attorney on Friday but he sent me lot of documents to fill out. Regarding 7 years backlog, Wouldn't EB2I priority be ported? As per attorney , entire family will get GC for 2 years , then after 2 years, we have to file another petition to remove condition to get another 10 yrs GC. I willing to put 550K to avoid Son's aging out possibility and same time H1B extension hassle. I am here since 2005 , and lost of count of extension gone thru.

[skpanda]

I am meeting with Attorney on Friday but he sent me lot of documents to fill out. Regarding 7 years backlog, Wouldn't EB2I priority be ported? As per attorney , entire family will get GC for 2 years , then after 2 years, we have to file another petition to remove condition to get another 10 yrs GC. I willing to put 550K to avoid Son's aging out possibility and same time H1B extension hassle. I am here since 2005 , and lost of count of extension gone thru.

Did you try I140 EAD Extreme difficulty option? May not have much time now but just curious

[rocketfast]

Wouldn't EB2I priority be ported?

I don’t think so. If you find otherwise, please post back.

[Spectator]

Wouldn't EB2I priority be ported?

My understanding is the same as rockfest, that an EB2 PD is not transferable to EB5.

8CFR 204.5(e)

204.5 Petitions for employment-based immigrants.

(e) Retention of section 203(b)(1), (2), or (3) priority date.

(1) A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under section 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple approved petitions under section 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

203(b)(1), (2) and (3) translate to EB1, EB2 and EB3.

Possibly it is because they all require an I-140 petition.

EB4 uses an I-360 petition and EB5 uses an I-526 petition.

This is something you must check with your lawyer.

[srimurthy]

I am meeting with Attorney on Friday but he sent me lot of documents to fill out. Regarding 7 years backlog, Wouldn't EB2I priority be ported? As per attorney , entire family will get GC for 2 years , then after 2 years, we have to file another petition to remove condition to get another 10 yrs GC. I willing to put 550K to avoid Son's aging out possibility and same time H1B extension hassle. I am here since 2005 , and lost of count of extension gone thru.

Couple of curious questions - does he get OPT after college or that option is only for F1?
Is he planning to work while in college and what options does he have with the Dependent visa? I guess as Skpanda pointed out this could be a good case for I140 Extreme difficult option

[Raj0687]

Couple of curious questions - does he get OPT after college or that option is only for F1?
Is he planning to work while in college and what options does he have with the Dependent visa? I guess as Skpanda pointed out this could be a good case for I140 Extreme difficult option

Almost same situation as my friend's son, who is dependent & in college and he is working on H4-EAD.

[gc_dedo]

As Q shared the GC is for future employment, I guess if Company A is still active and ready to hire you back when GC is approved you can use I-140 from A. But if you want to move back when filing for I-485 itself when dates become current I guess you have to get the H1 transfer to change to EAD after you get the EAD. Just my thoughts

Thanks buddy.

[singax]

My understanding is the same as rockfest, that an EB2 PD is not transferable to EB5.

8CFR 204.5(e)

203(b)(1), (2) and (3) translate to EB1, EB2 and EB3.

Possibly it is because they all require an I-140 petition.

EB4 uses an I-360 petition and EB5 uses an I-526 petition.

This is something you must check with your lawyer.

Thanks Q and all, very good inputs.
I am in California, that where my son will attending college. On H4, he will get in-state fee but on F1- he will be treated as international student.
Other than aging out kids, i don't any other factor to qualified for I-140 EAD.

[singax]

Couple of curious questions - does he get OPT after college or that option is only for F1?
Is he planning to work while in college and what options does he have with the Dependent visa? I guess as Skpanda pointed out this could be a good case for I140 Extreme difficult option

Currently he is on H4, and is not allowed for OPT. For OPT, he need to switch on F1. Even, he can't work as volunteer for jobs, if other kids are getting paid for same work.
I am not sure aging out kids qualify for I-140 EAD. I will check with my attorney.

[qesehmk]

Thanks Q and all, very good inputs.
I am in California, that where my son will attending college. On H4, he will get in-state fee but on F1- he will be treated as international student.
Other than aging out kids, i don't any other factor to qualified for I-140 EAD.

singax, I can't take any credit here. The person you replied to is Spectator (Spec) who is a different person and a great source for objective information. There are many more people of course .... but you mistook Spec for me and hence the reply.

Good luck with your son!

[singax]

Almost same situation as my friend's son, who is dependent & in college and he is working on H4-EAD.

I thought only H4 spouse is eligible for H4 EAD , I wasn't aware that i can apply H4 EAD for dependent kids too. If that is the case I can apply H4 EAD for my son.

[srimurthy]

I thought only H4 spouse is eligible for H4 EAD , I wasn't aware that i can apply H4 EAD for dependent kids too. If that is the case I can apply H4 EAD for my son.

My understanding is the same that H4-EAD is for dependent spouse.

****
Employment Authorization for Certain H-4 Dependent Spouses
Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant:
*****

If there is something else where H4 dependents other than Spouse can also file for EAD please share the info as a lot of people will benefit who have kids entering college, including me who will be in this situation in a couple of years. Up until now it was the Primary or the spouse who were fighting for survival. And now kids would be joining and missing out on internship and other experiences to build their profile and start facing the traumas of backlog.

[IamGSN]

Even I am in same impression that only Spouses can apply for H4 EAD, I haven't heard about children applying for H4 EAD. I will check with my immigration attorney.

[Raj0687]

Even I am in same impression that only Spouses can apply for H4 EAD, I haven't heard about children applying for H4 EAD. I will check with my immigration attorney.

My bad guys, H4-EAD is only for spouse.

[jimmys]

There's no I-140 EAD for dependents now. I don't think such proposal is in the works.

Good luck!

[Jonty Rhodes]

I am meeting with Attorney on Friday but he sent me lot of documents to fill out. Regarding 7 years backlog, Wouldn't EB2I priority be ported? As per attorney , entire family will get GC for 2 years , then after 2 years, we have to file another petition to remove condition to get another 10 yrs GC. I willing to put 550K to avoid Son's aging out possibility and same time H1B extension hassle. I am here since 2005 , and lost of count of extension gone thru.

Not sure about aging out kids scenario and how conditional green card would help you with that.

But you need to know that EB2I priority date can not be ported for EB5. You can maintain your EB2 priority date but you can not use the same priority date for EB5. The reason is that your EB2I priority date is based on your Labor Certification and I-140. There is no Labor certification or I-140 required for EB5. You are going to file I-526 first. The processing time for I-526 is 28.5 to 49.5 months currently. Once your I-526 is approved, then you will get 2 year conditional green card. After 21 months of conditional green card, you can file I-829 to remove conditions and get permanent green card. The processing time for I-829 is 27.5 to 47.5 months if it goes smoothly. So basically you are looking at the time frame of 56 months to 97 months timeline which average around little over 6 years. That is the timeline provided everything goes smooth. If there are hiccups or RFEs issued or inquiry on regional centers, then you are looking at even longer. When I inquired this option in 2017, my attorney told me that earliest I will get green card would be in 2023. The processing times have in fact worsened. Also keep in mind that EB5 India is currently backlogged. The 6 years timeline is only if the dates stay current. If the dates are not current, it will take even longer than 6 years.

So you can still invest but keep these timeline in your mind. Plus typical EB5 returns are around 2% from regional centers. Anyone who is guaranteeing you the high returns, I would be very careful on those. If the project folds, you can lose your money also. Once you invest, your money is locked in for at least 5-6 years minimum. So be careful if you are going to go this route.

My PD is in 2011 too and I have thought for a long time for EB5 now but the option is still not attractive because the wait times can be equally bad like EB2 or EB3.

[EB22010Dec]

Not sure about aging out kids scenario and how conditional green card would help you with that.

But you need to know that EB2I priority date can not be ported for EB5. You can maintain your EB2 priority date but you can not use the same priority date for EB5. The reason is that your EB2I priority date is based on your Labor Certification and I-140. There is no Labor certification or I-140 required for EB5. You are going to file I-526 first. The processing time for I-526 is 28.5 to 49.5 months currently. Once your I-526 is approved, then you will get 2 year conditional green card. After 21 months of conditional green card, you can file I-829 to remove conditions and get permanent green card. The processing time for I-829 is 27.5 to 47.5 months if it goes smoothly. So basically you are looking at the time frame of 56 months to 97 months timeline which average around little over 6 years. That is the timeline provided everything goes smooth. If there are hiccups or RFEs issued or inquiry on regional centers, then you are looking at even longer. When I inquired this option in 2017, my attorney told me that earliest I will get green card would be in 2023. The processing times have in fact worsened. Also keep in mind that EB5 India is currently backlogged. The 6 years timeline is only if the dates stay current. If the dates are not current, it will take even longer than 6 years.

So you can still invest but keep these timeline in your mind. Plus typical EB5 returns are around 2% from regional centers. Anyone who is guaranteeing you the high returns, I would be very careful on those. If the project folds, you can lose your money also. Once you invest, your money is locked in for at least 5-6 years minimum. So be careful if you are going to go this route.

My PD is in 2011 too and I have thought for a long time for EB5 now but the option is still not attractive because the wait times can be equally bad like EB2 or EB3.

I did some research as well and spoke to lawyer. I was even ok to wait for 5 years to get my money back, as I would get a conditional Greencard in around 2 years and it has all the privileges of real Greencard.

BUT, when I doing this research in March 2019, I was told Eb5I would become backlogged by July of this year and my lawyer said that there 'might' be a wait time of 5 years to get conditional GC. My EB2 PD is Dec 2010, so I eventually decided to just stay back in this queue.

[singax]

Not sure about aging out kids scenario and how conditional green card would help you with that.

But you need to know that EB2I priority date can not be ported for EB5. You can maintain your EB2 priority date but you can not use the same priority date for EB5. The reason is that your EB2I priority date is based on your Labor Certification and I-140. There is no Labor certification or I-140 required for EB5. You are going to file I-526 first. The processing time for I-526 is 28.5 to 49.5 months currently. Once your I-526 is approved, then you will get 2 year conditional green card. After 21 months of conditional green card, you can file I-829 to remove conditions and get permanent green card. The processing time for I-829 is 27.5 to 47.5 months if it goes smoothly. So basically you are looking at the time frame of 56 months to 97 months timeline which average around little over 6 years. That is the timeline provided everything goes smooth. If there are hiccups or RFEs issued or inquiry on regional centers, then you are looking at even longer. When I inquired this option in 2017, my attorney told me that earliest I will get green card would be in 2023. The processing times have in fact worsened. Also keep in mind that EB5 India is currently backlogged. The 6 years timeline is only if the dates stay current. If the dates are not current, it will take even longer than 6 years.

So you can still invest but keep these timeline in your mind. Plus typical EB5 returns are around 2% from regional centers. Anyone who is guaranteeing you the high returns, I would be very careful on those. If the project folds, you can lose your money also. Once you invest, your money is locked in for at least 5-6 years minimum. So be careful if you are going to go this route.

My PD is in 2011 too and I have thought for a long time for EB5 now but the option is still not attractive because the wait times can be equally bad like EB2 or EB3.

Thanks Jonty Rhodes for details. seems like no other option looks viable, other than waiting in EB2I queue.

[srimurthy]

I think you should consider switching you son's status to F1. All F1 students are eligible for OPT. Its 1 year no matter what he studies. If he studies a STEM course, he is entitled to an additional 24 months extension (for a total of 3 years). Also F1 status will allow him to work on campus for 20 hours a week, and allow him to do internships (CPT) during the summer break etc. This may be an option for you to consider & evaluate. Long term changes/impacts to laws are unpredictable, but in the short run it could make things easier for him.

If we switch to F1, then the kids have to be back again in the H1 application lines and their own GC queues right? Or are there other options?

[rabp77]

If we switch to F1, then the kids have to be back again in the H1 application lines and their own GC queues right? Or are there other options?

Yes. That is true. However you still may be able able to include them as dependents when you become eligible to apply for i-485. So if that it still possible, it may be a win-win for them to convert to F1 status. Full details on provisions to prevent children from "aging out" can be found here : https://www.uscis.gov/greencard/chil...protection-act.

Its worth doing more research on how these provision would help your son, or consult a lawyer to be sure.