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Can you get premium processing on an I526 EB5 Application?

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If you are on an...
Can you get premium processing on an I526 EB5 Application?
If you are on an E2 and file an EB5 can you travel overseas whilst the EB5 is pending as long as the E2 is still valid?
Submitted: 2 years ago.Category: Immigration Law
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Answered in 8 minutes by:
1/21/2016
Immigration Lawyer: Expert James, Lawyer replied 2 years ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,556
Experience: Write FOR JAMES to get my help!
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Hello! Thank you for using Just Answer. My name is***** will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

Once you have received your answer, you will be asked to rate my customer service. This is very important. I do not get a salary here. Your rating is the only way I get credit for doing my job. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

QUESTION: Can you get premium processing on an I526 EB5 Application?

ANSWER: No. It may only be used for I-129 and I-140 at this time.

QUESTION: If you are on an E2 and file an EB5 can you travel overseas whilst the EB5 is pending as long as the E2 is still valid?

ANSWER: Only if you intend to return to the business and in the capacity for which you were granted E2 status. Note that the officer can question your intent for E2 eligibility, since you have an EB5 petition pending.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

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Customer reply replied 2 years ago
Ok but the EB5 would be the same company as the E2. Is that an issue?
Immigration Lawyer: Expert James, Lawyer replied 2 years ago

I do not see why that would be an issue.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

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Customer reply replied 2 years ago
Ok good. I see the I129 can be used to extend an E2? Is that just authority to stay longer in the US as I understood to extend an E2 visa it is basically a new application, which is why we thought we would just apply for the EB5. Can you clarify this.
Immigration Lawyer: Expert James, Lawyer replied 2 years ago

I don't understand your question.

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Customer reply replied 2 years ago
our E2 visa runs out in Sept. i94 is valid after this but to extend an E2 visa I understand you have to basically do a new application in your home country. I wondered if that had changed?
Immigration Lawyer: Expert James, Lawyer replied 2 years ago

When does the I-94 expire? And do you intend to leave just to get an extension of the visa? Or for some other reason?

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Customer reply replied 2 years ago
I94 is valid until Oct 17, but we travel overseas a lot so cannot just have the i94, we need either to renew/extend the current E2 or apply for the EB5. So trying to understand each process. As we know the EB5 can be done here but we understood we have to get the E2 visa back in Australia. Just trying to ensure I understand the current situation.
Immigration Lawyer: Expert James, Lawyer replied 2 years ago

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: You must have a valid visa to reenter the US. Visas are only issued abroad, as US consulates. If you leave the US and you have an expired visa, then you need to get a new one at the consulate, before being able to come to the US in that status.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Ask Your Own Immigration Law Question
Immigration Lawyer: Expert James, Lawyer replied 2 years ago

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to assist you.

Thank you!

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Immigration Lawyer: Expert James, Lawyer replied 2 years ago

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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