I am confused now..I am EB2 C with PD Jun 2010. Had i been in EB3 i could have applied by 485 and got atleast an EAD.
Do you guys think i should move to Eb3 ?
Thanks for the replies !!
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I am confused now..I am EB2 C with PD Jun 2010. Had i been in EB3 i could have applied by 485 and got atleast an EAD.
Do you guys think i should move to Eb3 ?
Thanks for the replies !!
As of July demand data EB2-C had about 5100 cases till Apr-2010. At 233 approvals per month it will take 21 months from July to clear that demand. That implies you will be current around Feb-2015 if EB2-C does not get any spillover. But CO will move EB2-C significantly 3-4 months before that to generate demand. So around Nov-2014 or so. Things change if you assume that EB2-C will get spillover, i think it is less likely though as it would require EB2-I to catch up with EB2C. Even though the difference in cut off dates is only few months now, the difference in demand is huge.
So if you don't port to EB3 you can expect to file 485 around Nov 2014 (or sooner).
I will let others provide inputs as well.
Quote:
Originally Posted by eb2china
Thanks alot "GhostWriter" & "sportsfan33"
Lets say if my employer agrees to file an I-140 amendment and move me to Eb-3 . Am i better in Eb2 or Eb3 queue ?
Can i file I-140 amendment and 485 together ?
eb2china, I agree with what sportsfan says. CO has indicated no potential movement in any EB category for next few months, that implies that your PD if you port to EB3 will be at the extreme end (June 2010 vs. July 2010) of a big demand generating move. EB3C will retrogress once the cases filed in last few months show up in demand data. When that happens you will be at the end of the queue in EB3C and it is possible that it takes 10-12 months or even longer (usually CO aims for a longer queue) to finish that queue. In EB2C as i mentioned earlier I think there is a high likelihood of your PD getting current by Nov 2014.
Again this is just speculation based on what we know currently. Do check with your lawyer and others for more guidance. It is a tough decision.
Quote:
Originally Posted by eb2china
If the same employer can get an EB3 approved for you along with the existing Eb2 approval , you can use either one of them to file 485 depending on which category is good at that time.
That is what I think. maybe Im wrong, just a thought
You are probably right, but the real problem is what happens if he applies for his I485 in EB3C and then the dates retrogress and don't get to him for years. Then he can't switch back to EB2C, I think.Quote:
Originally Posted by seattlet
Maybe he can play ping pong between eb2 and eb3 depending on whichever one is current at any point in time. probably no one would have tried it so far , but new situations require new strategiesQuote:
Originally Posted by Pedro Gonzales
I already have I-485 filed under EB2 03-2009 PD (ED AP received). My wife's employer recently filed I-140 for her (Chinese) under EB2. Say we redo it under EB3 and if the PD for EB3 still remains at 2010 on I-140 approval.. would that allow us get to GC filed under my application? Since she's will be current on EB3 on a different application?
Quote:
Originally Posted by seattlet