If E-2 visa approval happens while I-485 is in progress, can I still receive my green card without issue?
Hello. I currently have EB-2 NIW I-140 approved, and depending on the visa bulletin, I’m preparing to file I-485.
In the meantime, an opportunity has come up to be sponsored for an E-2 visa through a Korean-owned company in the U.S. — if E-2 visa approval happens while I-485 is in progress, would I still be able to receive my green card without issue?
Both my stay location and filing location have been within the U.S. Please advise.
E-2 recognizes dual intent that allows immigration within the U.S., so it can still be issued even with I-485 filed.
However, if you travel to Korea, this could cause a problem.
Strictly speaking, it would be better to first apply for E-2, confirm the USCIS receipt, and then file I-485.
Please keep this in mind.