Regarding EB5 category, a few questions below

Hi @anil_am22

  1. EAD & AP:
  • 5-6 Months to get EAD for work, 10-12 months to get Advance parole for travel.

Does this mean GC EAD? Assuming there is no backlog for this again, meaning once you file EB5 with funds. It takes 5-6 months and meantime can you stay in the country as you were waiting for it?

Are there any hidden timelines before this step, please advise

You can stay in the country with a pending i485 and wait for EAD and AP result.
With GC EAD and AP, you will be able to work and travel as well.

The catch is that you will be able to file i485 if your category is current in either the DOF or FA chart in that EB5 category.

EAD based on pending i485 is GC EAD.

Should you leave the country in the meantime before the date gets current? As i can see nothing for India is Current below. If you’re already in the country working, what’s the situation to file EB5 then

Looks like from Nov2023 visa bulletin for EB5 India
5th Unreserved - 01APR22(DOF), 15DEC18(Final action date)

Isn’t TEA category current for EB5 India? So can an investor from India file I526 and I485 concurrently now?

Yes, if the date is current, then i485 can be filed concurrently.

Thanks, Anil! Do you have any insights on the likelihood of Indian EB5 petitions going into backlog in the near future?

Yes, most probably the retrogression will start in Oct 2024 as the backlog has been building steadily.

I believe that there are already enough i526e applications filed by Indians to have a backlog as of today, but, since most i526e are pending, the visa bulleting has not been retrogressed.