Well my employer declined to downgrade..
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Well my employer declined to downgrade..
Dear Gurus,
I think I do not have sufficient information to make a decision:-
Approved EB2I with PD Sept 2014
Spouse H4-EAD and working
If I downgrade to EB3, I get EAD-AP. All lawyers and friends are suggesting do not let go of H1B.
Now what happens to my spouse's current H4-EAD? Cannot risk losing her EAD.
Also, I do not plan on changing my employer. What advantage will EAD-AP give me?
Thank you
Hi,
I am on currently on H1-B and have I-140 approved with my current employer and previous employer as well. My green card priority date is 24th Feb, 2012, EB2.
I need to know should downgrade to EB3 from EB2 with current Oct VISA bulletin changes or wait for my EB2 to be come current? I want to file EAD, I-485 and Advance parole along with EB3 I-140 at the same time and get out of H1-B as soon as possible.
Also, I have filed PERM labor through another company which is in pending status (Thought of changing employer to get better opportunity in the event dates were not moving and I was stuck). Is there a chance of getting RFE when filing downgrade with current employer?
Also, what can be expected in upcoming VISA bulletin with regards to PD movement. In other words, when can Feb 24th, 2012 becomes current?
I am an INDIA citizen.
When you are applying for 485, also apply for EAD and AP for spouse, so they will have a EAD based on 485 and not H4 EAD.Quote:
Originally Posted by TB12TB12
You don't have to continue the H4EAD, but use the 485 EAD for spouse. And you can still continue to stay on H1 even if you have an EAD from filed 485, to my understanding.
My priority date is close to yours. I am downgrading. I know a few people who missed out in 2012 and those who did not. Neither got their GCs yet. But there is night and day difference between the two, especially in the current climate with ever changing H1 rules.Quote:
Originally Posted by sheemu_99
You can maintain H1 even if you are on EAD. There are certain rules that you need to follow like NOT using AP while coming back into the country etc. This way your H1 will be intact. 485-EAD is better than H4-EAD. In H4-EAD the applicant cannot work if the authorization period is over and a decision is not yet made on the new application. For 485-EAD you can keep working for 180 days after expiration if a decision has not yet been made on the renewal. End of the day downgrading is a personal decision and so no one can help you with it. Just gather the pros and cons and make a decision.Quote:
Originally Posted by TB12TB12
Haven't been able to sleep since my employer declined to downgrade..
Thank you. I am moving ahead with downgrade application at this time. If my EB2 filing dates get current in November visa bulletin and if USCIS honors those date, then I can just go ahead and file I-485 in EB2 but otherwise I am downgrading.
I have a complicated question.
My PD is EB2 May 20, 2011. I missed out by 5 days in EB2 filing dates.
Now, I have 2 choices.
1. Keep the downgrade application ready which I already have and is with the attorney. Wait for November visa bulletin and see if the EB2 filing dates advance beyond May 20, 2011 which is my PD and if USCIS honors those dates. If it happens, then only file EB2 I-485 starting November 1 and cancel the plan for downgrading from EB2-EB3.
or
2. Go ahead and file EB2-EB3 downgrade application before October 31 regardless of what happens in November visa bulletin. If filing dates for EB2 advance beyond May 20, 2011 which is my priority date and if USCIS honors those dates, then go ahead and file I-485 in EB2 also starting November 1. In this situation, I will have an EB2 I-485 filed along with simultaneous processing of EB2-EB3 downgrade application as well.
I am leaning more towards option 2, because
If EB3 final action dates advance over next 1 year and if by that time my EB3 I-140 is approved on downgrade application, then I can actually get a green card.
If I don't downgrade right now and only file EB2 I-485 instead (per option 1) and if EB2 final action dates don't advance much but if EB3 final action dates advance and my PD becomes current over next year, I can downgrade at that time filing concurrently, however the worry is that EB3 I-140 may take few months for approval and by that time, if EB3 final action dates retrogress then I will not be able to get green card.
The other thing I was thinking was that if I follow Option 2, then I am even more safe in case my EB2-EB3 downgrade application is rejected. If that happens, I would not get EAD/AP on downgrade but since have already filed I-485 under EB2 as well so I can get EAD and AP with EB2 I-485 application.
I understand that only one I-485 application will actually get approved but I was thinking that instead of requesting USCIS to interfile I-485 which can take months, why not file I-485 in both EB2 and EB2-EB3 downgrade if allowed by PD being current in filing dates and in that way, whichever category is current for my PD, USCIS can approve my I-485 and discard the other I-485.
In a nutshell, I am thinking of downgrading EB2-EB3 application this month before October 31 and also filing EB2 I-485 whenever my EB2 filing date gets current (November or December visa bulletin). The only reason I am thinking of doing that is because I want to take advantage of whichever category the final action dates get current for my PD.
If EB3 final action dates advance beyond May 20, 2011 by end of next FY and if my EB3 I-140 is approved by that time, then I get a green card in EB3.
If EB2 final action dates advance beyond May 20, 2011 by end of next FY then I can get a green card in EB2.
The only additional expense I see is lawyer fees and filing fees to file another I-485 in EB2 apart from the money I am gonna spend on downgrading.
Does that make sense?
Need the expert opinion here.
My PD is April 2011 in EB2 category, I can go ahead and file EB2-I 485 but I decided to downgrade and file EB3-I 485 concurrently as my child is 18 years of age. Before my child turns 21, I need to get him some status. By downgrading my application I will have both EB2 and EB3 I 140 approved and can file adjustment based on the Final Action date.
Please let me know if I am taking the right decision and do you foresee any issues ?
The decision you are thinking of taking is not necessary.Quote:
Originally Posted by GCWait2011
261,000 visas available. Nearly 80,000 each for Eb1,2 and 3. Eb1 row is current, India getting close to current. Option of huge vertical spillover real for 2021.
Eb3 date is still more than a year ahead for you to protect your son.
A word of caution, please don’t get too greedy. A bird in hand better than a bunch in the bush.
Not an expert :| ;)Quote:
Originally Posted by Jonty Rhodes
I am in a similar boat with a PD of 9/13/11. I went ahead with the downgrade option as the lawyer advised that if EB2 dates do move ahead, you can file an interfiling request to consider your I-485 under the EB2 category, no new I-485 is needed. I'm not sure what the lawyer will charge to filing the interfiling request, but don't think it will be the same as preparing a new I-485 application, hoping it to be considerably less.