Curious - Why the I-140 cannot be filed in premium ?
Also, can you not file concurrent I-140/I-485 ?
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As per attorney for USCIS to process I-140 under premium it has to be accompanied with Original PERM. When you downgrade from EB2 to EB3 you don't need PERM and as your downgrade petition does not have PERM with it, you cannot file it under premium.
However I read a blog somewhere that said if your downgrade petition (EB3) is filed at the same service center as your EB2 petition was, you could request for premium process. Not sure how accurate that info is. I asked my attorney and he said he's not aware of such thing and downgrade petition for I-140 can only be filed under regular process. He said we could request premium and see what happens.
The good thing for me he mentioned that under EB3 my PD (May 22,2009 India) is current for filing and we could apply for downgrade along with adjustment status and get my EAD and Advance parole while my I-140 can take it's sweet time. You don't need to have I-140 to request EAD/AP as long as your filing date is current in that category. I haven't traveled for last 5 yrs and all I care at this point is EAD/AP and GC can take its time.
If you are filling the I-485 for the first time and if this is true that you can file I-485 concurrently based on your EB2-I PD then I would suggest file it this Monday (meaning NO delays) without any second thought. Let us know your experience in this forum once you filed. It will be helpful to others here.
YTeleven, any idea why co is moving eb3 filing dates aggressively when there are so many ppl from 2007/2008 still waiting to be greened. Is he trying to build the inventory for fy19 or is he building for fy20 too?
Hello YTeleven/AceMan/Members - Do you think EB3-India Filing date would continue to advance till 1 May 2010 in next month's (Feb 2019) visa bulletin? If yes, then would it be respected by USCIS?
Thanks
Question: If one has gone through a change of job and has new PERM approved under EB2, can he downgrade to EB3 and file I-140 in premium (because he has "original PERM"). The situation would apply to me in coming months...
As far as I know. A perm approved in EB2 should qualify to file I-140 under EB3 as EB3 skillset is a subset of EB2. So this should be possible. I am in similar situation (Oct-2010 PD) and my Perm is under process. Whenever it gets approved, I will most likely end up filing I-140 under EB3.
I hope that you understand risk using EAD/AP without I-140 approval. I would suggest that get EAD/AP but won't change status until I-140 gets approved.
@Aceman - when do you think Eb3 will cross 2010 Dec.
I moved jobs recently and my employer is starting to file GC next month.
Thank you very much in advance for the advice.
Apologize if this is redundant question, can Guru's here forecast how 2019 would be for EB2-I and EB3-I backing with numbers?
Once again, Merry Christmas and Happy new year. I hope everyone gets greened.
If you want the backing of the numbers we can do only EB2 I. With very limited SO, EB2 will end FY 2019 with 1st August 2009. Depending on the SO, we can revisit this in July 2019 to see if there is a chance of pushing it to September or October 2009. Extremely difficult to see EB2 pass November 09.
Eb3 filing dates moved to April 2010 for January 2019. Inventory building going on, most probably surpass EB2 final dates in the next couple of months. Depending on the demand, it can get a big jump in the April bulletin or the July bulletin. No concrete numbers to backup, but in all probability EB3 I might end FY 2019 with a May 1st 2010 PD, and filing date at 1st April 2011.
The downward porting will come into picture only from FY 2020.
Where did you get the info on so many people with 2007/2008 PDs waiting in EB3I?
The FAD for EB3I is 01MAR09 that means All the applications with PDs older than this date are in final process and are guaranteed to get the GC as soon as they clear the final action process.
There is NO inventory building concept since Jul'15 when Obama Admn. reformed the Visa Bulletin process.
You can't use the filing dates for inventory building but you can use those dates to take the application in advance and make the process smoother and efficient.
No more retrogressions with this reform that's the original intention of the Obama's EO.
So all the people who are filing in EB3I next month will be going to get the GCs in 8 months, they are not going to sit in inventory for 6 years like the applications received in 2012 inventory building.
In other words can you find anyone who filed the I-485 after Jul'15 and waiting for more than a year to get the GC. I don't think there is any such applicant exists unless he/she stuck in background check.
Are you saying there will not be any spillovers to EB2 INDIA for next three years? The EB2 I dates are at April 1 2009 already so you are saying by end of this FY its May 2009? by FY 2020 Aug 2009 and by FY 2021 its Nov 2009? If that is the case shouldn't the entire EB2 INDIA who have and have not filed AOS will be downgrading to make use of this. Don't you think this will make the EB3 inventory flood up. I'm pretty sure there are too many downgrades going on already and it will show up in the future inventory. I will be surprised if EB3 doesn't get jammed and still made to move further.
That's what the numbers say. If I remember right, the pending applications beyond April 2009 are around 1000 - 1500/month. With no spillover, the movement is fairly well defined at 2-3months/yr for the next few years.
Downgrading is not an option for everyone for various reasons. A good percentage of the folks who got EAD would have switched jobs in the last 7 years(since 2012 Feb) and wouldn't have filed a new Perm since they used AC21. It takes time and effort to get a new perm filed and move ahead. Some attorneys say that a new perm is not needed, but my company's attorney says new perm and I-140 is required.
However, everyone beyond 2010 April has a new perm with their current employer, so they should/will downgrade for sure. The future EB3 jam will come primarily from post-April 2010 folks.
Yes. That's where we are heading. Another prediction we can safely make here is EB2I+EB3I Combined VISAs = 10000+/YR.
I think We saw this drill by EB3I porters for last one decade, now it EB2I guys turn to become porters for next one decade.
Good part of this is there are no one in EB3I to curse the Eb2I guy as porter. Its a empty queue who ever downgrades first gets the freedom first.
This reminds me of the Hindi movie names: "Andaz Apna Apna", "Joh Jeetha Wohi Sikander"
Track it shows 178 active users who filed 485 just this year and it does not even include any dec filers. I think we multiply this number by 20 or 30(derivatives and assuming only 10% are on track it and added their case to the tracker) to get an approximate which ~ 4,450. Even with 3k SO Eb3 fad can’t go beyond 2009 this fy year.
P.s: multiplying by 20 or 30 is something someone on this forum showed, to get an approximate count
Everyone's case is very unlike everyone else's. If your career and your family's is better in Canada or elsewhere than you should move. There is no reason to waste a decade of your life in any hardship. Why are you in the US, is the question you must ask yourself. What is the main and foremost reason? Is it pay? just a change of scenery? better career growth? or better quality of life? or something else? And how important is that?
In my case, if moving out of the US was an easy option, I should return home, not move to Canada or any other place. My career being in non-technology, and having invested heavily here, moving is a lot harder than staying.
I'm NOT a track it guy. I use only USCIS & DOS data for the predictions.
I still believe EB3I queue will be a runaway train in near future if we don't have a pathway for the EB2I AC21 guys to grab a visa from EB3I quota.
I will not surprise if EB3I queue moves to 2011 in next 9 months.
EB3 I has little over 50 K approved I 140's from 2007 to early 2018. If we account for approvals from April 2018 till date, along with the upgrades, duplicates and abandoned, the true numbers might be even less than 20 K. So while the runaway train will go till early 2012, it will be halted there for a while till EB2 pass May 2010.
The downgrades will not temper EB3 progress for FY 19. FY 2020 a different ball game.
What a conundrum the EB2I people are in. And with a 2012PD, I am in a dilemma whether or not to join the conundrum.
But having seen what has happened in the past few years, I think no one should place their life/career in the hands of USCIS and the like. If you see a more definitive option ahead (such as EB1C / Canada etc. etc.), just go for it.
The filing dates will now act as a buffer from sudden retrogression and the wastage of visa's which has been bogging EB3 for close to a decade. Even while all the pointers are showing that EB3 I will zoom well into 2011 this FY, the side story is that's going to be filing date and not final date. I will be surprised to see if final dates moving beyond May 2010 this FY.
For reasonable 2020 analysis, we need to see how much SO, EB2 got in 2019.
I guess I don't get it.
I have shared this info here before - my attorney who is one of the leading ones in the US told that they are open for a downgrade. She indicated that it's possible to do it in premium as well. For the record I am an EB2 guy and never had an EB3 petition.
Also, if you could port, why shouldn't someone be able to reverse port? Theoretically it should be easier. Going by precedent, Chinese have done it and it has very good precedent.
The only reason downward porting is not happened yet is because EB3I FAD is still behind EB2I. If this moves to a comfortable six month or so ahead of EB2, I bet a lot of us will take this option. The argument that "You have an EAD just wait" is not valid. Some of us have waited close to 10 years and is such an option is available, why not take it.
Also, stock market is crashing. It's just a matter of time before it spreads in to overall economy. People will act in their best interest and I don't find any thing wrong with that.
Iatiam
I think you should downgrade. Your date has a better chance through EB3 to become current. Also you have never filled I-1485 so you don't have that confusion as well. My case is also being handled by Fragomen. My PD is 2010 Oct. Currently perm is in process. Perm has EB2 requirements. Whenever it gets approved I will have to make a decision on EB2/EB3. I have a strong feeling it's going to be EB3.