EB2->EB3 downgrade 140 timeline

Hi,

EB2, Jul 2011 here, downgraded to EB3 on 29th Oct 2020. I understand that it can take a longer time to process I-140s for downgrades with perm pull requested - even though my EB2 140 and EB3 are both LIN numbers.

Any estimates about how much time such cases take to process at NSC? Anyone in the same situation who did get a response?

I am also looking for pointers on any trackers. I don't think trackkit has a downgrade report with data for separate I-140s. Any info would be much appreciated.

Thanks!

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Originally Posted by sstest

Hi,

EB2, Jul 2011 here, downgraded to EB3 on 29th Oct 2020. I understand that it can take a longer time to process I-140s for downgrades with perm pull requested - even though my EB2 140 and EB3 are both LIN numbers.

Any estimates about how much time such cases take to process at NSC? Anyone in the same situation who did get a response?

I am also looking for pointers on any trackers. I don't think trackkit has a downgrade report with data for separate I-140s. Any info would be much appreciated.

Thanks!

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I am in a similar situation except my EB2 I140 was at SRC (Texas) and my EB3 I140 is at NSC (Lincoln). I have not gotten anything about biometrics so far but they sent my I485-J back on May 18 as unnecessary, so I am hoping they have started to work on my application maybe?

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Originally Posted by abcx13

I am in a similar situation except my EB2 I140 was at SRC (Texas) and my EB3 I140 is at NSC (Lincoln). I have not gotten anything about biometrics so far but they sent my I485-J back on May 18 as unnecessary, so I am hoping they have started to work on my application maybe?

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I am in the same situation as well, got my I485J returned a couple weeks back since it is not a necessary document while concurrently filing i140 and 485. I am going to upgrade my eb3 i140 to premium processing today/tomorrow since I believe my PD will get current in next 1-2 bulletins and would like the i140 to be approved by then. I have submitted medicals as well so hoping that with i140 approval, it becomes a low hanging fruit to be approved this fiscal.

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Originally Posted by Noesis

I am in the same situation as well, got my I485J returned a couple weeks back since it is not a necessary document while concurrently filing i140 and 485. I am going to upgrade my eb3 i140 to premium processing today/tomorrow since I believe my PD will get current in next 1-2 bulletins and would like the i140 to be approved by then. I have submitted medicals as well so hoping that with i140 approval, it becomes a low hanging fruit to be approved this fiscal.

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How long did it take since your I485J being sent back to get a biometrics appointment or any other progress on the application?

I'm hoping to upgrade to Premium Processing just before my date becomes current and hoping that also results in the I485 being processed around the same time because otherwise the 485 is not upgradeable.

Quote:

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Originally Posted by abcx13

I am in a similar situation except my EB2 I140 was at SRC (Texas) and my EB3 I140 is at NSC (Lincoln). I have not gotten anything about biometrics so far but they sent my I485-J back on May 18 as unnecessary, so I am hoping they have started to work on my application maybe?

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It looks like that if someone's perm was done more than 1- 2 years ago, then even the same service center leads to a similar delay as different SCs.

I think biometric appointment coming through is completely unrelated to I-485J or 140. Probably related to ASC workload, which has gone down with H4, L2 biometric requirement going away. My biometric appointment(San Jose ASC) took about 6.5 months to arrive. I hope you get it yours very soon.

Any ideas on any trackers I can use to see how long downgrade 140s typically take?

Quote:

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Originally Posted by abcx13

How long did it take since your I485J being sent back to get a biometrics appointment or any other progress on the application?

I'm hoping to upgrade to Premium Processing just before my date becomes current and hoping that also results in the I485 being processed around the same time because otherwise the 485 is not upgradeable.

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I got 485j back on 05/03, notice date 04/28. I got biometrics on 05/10, notice date is 05/01. My biometrics is tomorrow. My service center is Nebraska.

Quote:

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Originally Posted by sstest

It looks like that if someone's perm was done more than 1- 2 years ago, then even the same service center leads to a similar delay as different SCs.

I think biometric appointment coming through is completely unrelated to I-485J or 140. Probably related to ASC workload, which has gone down with H4, L2 biometric requirement going away. My biometric appointment(San Jose ASC) took about 6.5 months to arrive. I hope you get it yours very soon.

Any ideas on any trackers I can use to see how long downgrade 140s typically take?

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I figured they won't send out biometric appointment requests until the I140 is approved and the 485 is pending. That's why I was linking the two. (I never had to give biometrics for my original EB2 I-140 in 2012 since I never got to 485 stage, or maybe they didn't require biometrics back then, I don't know.)

I've been using this Trackitt tracker for I140 filings - https://www.trackitt.com/usa-immigration-trackers/i140

Just filter by India and EB3 and sort in descending order of USCIS Receipt Date. Most October 2020 EB3-I receipts are probably downgrades.

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Originally Posted by Noesis

I got 485j back on 05/03, notice date 04/28. I got biometrics on 05/10, notice date is 05/01. My biometrics is tomorrow. My service center is Nebraska.

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Ok, so if it follows your timeline, hopefully my biometrics letter will arrive soon.

Has your I140 been approved? I guess if not, then sstest is right that biometrics have nothing to do with I140 or I485.

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Originally Posted by abcx13

Ok, so if it follows your timeline, hopefully my biometrics letter will arrive soon.

Has your I140 been approved? I guess if not, then sstest is right that biometrics have nothing to do with I140 or I485.

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It is not approved yet and yes biometrics has nothing to do with i140. Biometrics are for 485 and 765 and there is no relation of its processing with i140. I am however trying to get i140 in Premium processing for the reason stated above.

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Originally Posted by Noesis

It is not approved yet and yes biometrics has nothing to do with i140. Biometrics are for 485 and 765 and there is no relation of its processing with i140. I am however trying to get i140 in Premium processing for the reason stated above.

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Interesting, thanks. It is weird in my eyes for them to ask for biometrics for 485/765 when they haven't approved the underlying 140 which is the basis of the 485/765!

Hello Everyone,
my PD is Dec-2011 and I downgraded from Eb2 to Eb3 (new) during Oct-2020. Have filed I-140/I-485/I-765/I-131 on Oct-29. My Biometrics have been completed.

Question: I-485 J was not filed in Oct-2020, Should I file it now ? Can I file it now ?

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Originally Posted by cm5038

Hello Everyone,
my PD is Dec-2011 and I downgraded from Eb2 to Eb3 (new) during Oct-2020. Have filed I-140/I-485/I-765/I-131 on Oct-29. My Biometrics have been completed.

Question: I-485 J was not filed in Oct-2020, Should I file it now ? Can I file it now ?

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AFAIK, I-485J is not needed in concurrent filing cases.

From https://www.uscis.gov/i-485supj

Use Supplement J to:

Confirm that the job offered to you in Form I-140, Petition for noncitizen Worker, remains a bona fide job offer that you intend to accept once we approve your Form I 485, Application to Register Permanent Residence or Adjust Status. Beginning Jan. 17, 2017, if you are filing or have previously filed Form I-485 based on being the principal beneficiary of a valid Form I-140 in an employment-based immigrant visa category that requires a job offer, you will need to file Supplement J instead of submitting a job offer letter;
OR

Request job portability under INA section 204(j) to a new, full-time, permanent job offer that you intend to accept once we approve your Form I-485. This new job offer must be in the same or a similar occupational classification as the job offered to you in the Form I-140 that is the basis of your Form I-485. (For more information about how we determine which jobs are same or similar, please see PM-602-0122: Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability (March 18, 2016)

Hi,

My attorneys sent PP upgrade for my EB3 downgrade I-140(Filing date 29th Oct). PP upgrade was delivered on 20th April.

My EB3 I-140 status has not changed after PP upgrade. Is there a way to find out the status of the premium processing request?

Quote:

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Originally Posted by sstest

Hi,

My attorneys sent PP upgrade for my EB3 downgrade I-140(Filing date 29th Oct). PP upgrade was delivered on 20th April.

My EB3 I-140 status has not changed after PP upgrade. Is there a way to find out the status of the premium processing request?

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Got an update from the attorneys today that they don't have any response from USCIS on PP upgrade for I-140 - no rejection, approval - only crickets. It was filed on 20th April so I am at almost 6 weeks.

I spent some time analyzing trackitt entries for downgrade I-140(Thanks abcx13 for the tracker!). In all the cases I analyzed, PP either got approved or rejected within 1 - 2 weeks.

Anybody with such experience and any pointers about what can I do in such a case?

Thanks!

A quick update for anyone stuck in a similar state.

My first PP upgrade went into ether. No response on the request itself, or the queries to premium processing department.

I asked my HR to file another premium processing request (half-joked about keep filing once a month until we get it done). Second PP files on Jun 23rd went through and downgrade 140 was approved this Tuesday.

Quote:

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Originally Posted by sstest

Got an update from the attorneys today that they don't have any response from USCIS on PP upgrade for I-140 - no rejection, approval - only crickets. It was filed on 20th April so I am at almost 6 weeks.

I spent some time analyzing trackitt entries for downgrade I-140(Thanks abcx13 for the tracker!). In all the cases I analyzed, PP either got approved or rejected within 1 - 2 weeks.

Anybody with such experience and any pointers about what can I do in such a case?

Thanks!

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I think they basically denied / rejected your PP request. I would file again. See here for some suggestions about including copy of original PERM.

Probably, though no response was weird. Attorneys said they have never had a no-response scenario before. A query to PP department went unanswered as well (They assure 72 hour turnaround time on that).

As I posted above, second PP went through and 140 was approved.

Hi Everyone,

New to the forum and seeking advice regarding downgrading to EB3I from EB2I

My PD is 07/2013 EB2I. Since then, I got promoted within the company from a Software Engineer role to Product Manager. Now that EB3I dates are closer to being current, I requested a downgrade to EB2I , but immigration attorneys are suggesting that I do not downgrade and apply for a new PERM and I-140 for the new role. They think it's a high risk to downgrade since SOC codes and roles and responsibilites dont match.

Any thoughts on risk?

Will USCIS deny the downgrade and also revoke the original EB2I - this is what the attorney says

Appreciate any help on this.