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This is great. I missed out on the filing date for EB2 by 6 days as my PD is May 20, 2011, but I will qualify under EB3 and can downgrade my application and file concurrently. Should this be a problem? I don't want to miss this chance in case if the dates retrogress in a month again and EB2 filing dates don't advance. At least, I can get EAD and AP with this.Quote:
Originally Posted by getsaby
Oh no Jhonty... i was thinking you also made it... might be Q & Spec can answer that question for you. Do you have already approved EB3 Labor... then i think you can apply concorruntly.. i know my friend who downgraded and appliedQuote:
Originally Posted by Jonty Rhodes
I have an approved Labor for EB2 so I guess I wouldn't need new labor certification for EB3. I will be able to file concurrently. So asking experts here if they think it would be a good idea. I have also emailed my lawyer but my lawyer is very conservative and is not aggressive at all. So I just want to be sure that I push him if he says no.Quote:
Originally Posted by mesan123
I am in the same boat as you. Let me know if you find out the answer. I will try and find the answer on my end as well and share. First lets hope they honor the filing dates.Quote:
Originally Posted by Jonty Rhodes
Thanks Q - If you are eligible to file for both EB2/3, do you know how the process of filing I-485 going to be different?Quote:
Originally Posted by qesehmk
Congratulations to all who can file the AOS. Especially great to see the historically backlogged EB3 dates moving to 2015 for filing AOS.
Now we will see a downgrade rapidly. This might be an opportunity lost if people are not going to take advantage of filing AOS.
@Jonty - Push as hard as you can to file I-140 and AOS concurrent in EB3. Only thing is 140 cannot be filed in Premium as per my attorney firm Fragomen. Good luck!
Folks,
I am too happy that the dates have now moved substantially (got up quite early to check in and it was worth it :-)). Finally my filing dates are current (I have approved I-140 in both EB3 and EB2). If it is not too much of an hassle, can someone point me to good forum links for AOS documentation? And secondly, how should I handle this? Should I apply in both or just EB3 (since I have I-140 in EB3)? Also mostly my company and the lawyer are going to tell me to file only in one category. Congratulations to all who were waiting and got current in some ways in this visa bulletin. Thank you. Here is the link for October, 2020 Visa Bulletin in case anyone wants (https://travel.state.gov/content/tra...ober-2020.html)
Folks I have moved this topic to its own thread since many people might benefit.
Personally I only vaguely remember the rules. But others with first hand experience please help your fellow backlogged folks.
My memory tells me - porting in reality is simply a brand new process of labor 140 and 485. The only difference is somehow DoS/USCIS can assign your oldest PD to your new application. Sorry that's the vague picture I have.
But is it possible to port - absolutely yes.
Also for 1000th time I will say this - you can hold multiple H1B at the same time and actually do two full time jobs. You can have 10 different companies sponsor your GC at the same time. You could move to a new job and have your GC being processed by the old employer. All is legal.
Thanks Q,
If I may ask a couple related questions. MY currently working with employer D (the PERM for new GC application with him is filed but pending) and my GC application with approved I-140 is with employer B. Now I believe I don't have to be on H1 visa with him and instead he can still file my I-485 and as soon as it is approved, what should I do? start working with him, but then in that case, I will have to 'leave' my H1 with employer D correct? I don't think at this point it is realistically possible to file/transfer H1 to employer B. Experts, please advise. Thanks.
When your 485 is approved you don't need H1 and can work for both.Quote:
Originally Posted by optimista
Actually, you can file premium processing also as long as it is the same service center that processed your EB2 I-140. In reality, you don't get processed in 15 days because USCIS will check your LC first. Once they find it and see that if you meet all the requirements for EB3, they will do premium processing from that point onwards. The biggest issue will be getting all the documents from employer for I-140.Quote:
Originally Posted by EB2IndSep09
My PD is EB2 Jan 2011 so I'm current for filing. Should I still consider downgrading to EB3 in anticipation of being current for final action sooner? Completely torn :)Quote:
Originally Posted by Jonty Rhodes
Does anyone know about the downgrade process. I know that you will need to apply a new i140 and 485 simultaneously. So what happens to the original i140 if the new i140 is approved? what happens to it if the new one is denied? Any clue on the intricacies?
@zenzone. It is an individual decision. But One thing to consider would be, if there are lot of downgrades between EB2 and EB3 till May 15, 2011, I think the USCIS case processing load will increase and create delays. Plus there may not be a clear picture as to how many people there are in EB2 vs EB3 as numbers become muddled (which they anyway will be post May 2011). I have no option but to downgrade as I do not make the cut. If I were in your boat I would have stayed put. But again that's an individual decision.
you are right there is no rule that stops from filing premium, but the attorneys had bad experiences on filing premium so they suggest go for normal.Quote:
Originally Posted by Jonty Rhodes
Later upgrade to PP if required based on the FA dates.
Thank you Q. as always you are on top of the game to keep the blog clean kudos...
Does anyone know about the downgrade process. I know that you will need to apply a new i140 and 485 simultaneously. So what happens to the original i140 if the new i140 is approved? what happens to it if the new one is denied? Any clue on the intricacies?
My PD is Aug 2010, Eb2 or eb3 which one to file? I have an approved EB2 - i-140, any thoughts from Gurus?
Can I file Adjustment of Status using eb2 for now and later on downgrade to eb3 if final action dates for eb3 become current?
Check this for more info if you are planning to downgrade - http://immigrationgirl.com/can-i-dow...-eb-2-to-eb-3/
Hi Q and all.. my spouse's PD is May 2010 EB2I. Newbie question - What is the advantage to file concurrently in eb2 and eb3?Quote:
Originally Posted by qesehmk
Hello Friends,
I am in EB2 queue with PD June 6th 2011, As per the Q and other experts I can downgrade and file 140 and 485 concurrently from October if USCIS honors the DF chart.
My Son is turning 21 this December, we applied for Change of Status to F1 and it is still pending at USCIS.
I have following questions.
If I downgrade and file 140&485 concurrently.
What would be my Son's status? Can I include him with our application and file 140& 485?
Does he will be in GC queue eventhough he age out this December?
Please advice.
I am currently Sep 2012 EB2-I and so not current even under FD, but I am current under EB3-I if USCIS accepts FD for that.
I recall some discussion here in the past that a EB3-I to EB2-I downgrade just involves a new I140 filing and no new PERM? Is that correct, Spec and other gurus? And if so, can I file I140+I485 concurrently with the downgrade?
Of course, all this is subject to USCIS accepting FD which we don't know and Siskind suggests may not happen.
one more question, If I file for concurrent downgrade to EB3 and 485 by 31st October and in Nov Visa Bulletin, if EB3 dates retrogress to lets say 2011 or any earlier date still do I get I-485 or my application will be denied?
My priority date is EB2 May 25 2011. Going to miss by 15 days. Talking to lawyer about downgrading. They have not said yes or no. But will get back to me after uscis posts charts.
Should i downgrade?
Yes. You will likely get GC in EB3-I faster than EB2-I, all else being equal.Quote:
Originally Posted by cool_dude
EB-2 India people whose dates are not current in Oct 2020 bulletin, please consider filing it in EB-3 India if you could. You may not see filing dates like these for few years or more. Act quickly if you want EAD/AP.
Hello Q, Spec and other experts,
I am in EB2 queue with PD June 6th 2011, As per the Q and other experts I can downgrade and file 140 and 485 concurrently from October if USCIS honors the DF chart.
My Son is turning 21 this December, we applied for Change of Status to F1 and it is still pending at USCIS.
I have following questions.
If I downgrade and file 140&485 concurrently.
What would be my Son's status? Can I include him with our application and file 140& 485?
Does he will be in GC queue eventhough he age out this December?
Please advice.
Answering my own questions:Quote:
Originally Posted by abcx13
http://www.reddyesq.com/eb-2-to-eb-3...o-go-about-it-
https://cilawgroup.com/news/2020/09/...en-to-do-it-2/
https://www.murthy.com/2013/07/26/in...e-part-1-of-2/
I think I will file an I140 under EB3 but not file the 485. Seems easier and cheaper to stay on H1B than EAD/AP and I have Canadian PR anyway.
Only the Final Action date can lock your son's priority date without aging out. If you file your I-485 based on Filing date, it will not lock your son's priority date from aging out. Check for Child Status Protection Act (CSPA)..Quote:
Originally Posted by GCGCGCGC
Experts - my date is June 2011 eb2. Missed fd by 1 month .. should I wait or downgrade ..? Any possibility of moving filing dates in next coming months ?
Yes. My PD is Sept 2013 EB2. I am going to downgrade to EB3 and file this october unless USCIS does another about turn. I have been working here since 2006..........
2013 is best to move on to eb3 line imo..
As per below article the cost to downgrade is $8000. I checked the I-140 filing fee is $700. So is the attorney charging $7000+ for filing?
Can anyone here confirm if the cost is that high.
No wonder many employers wouldn't do the downgrade.
https://www.am22tech.com/eb3-india-b...priority-race/
My PD is Sep 2012 from previous employer. My current employer filed labor in EB2 category and it is approved. I140 filed under EB2 category in premium processing got an RFE and lawyers are planning to respond next week.Quote:
Originally Posted by oraclept
1. Is it possible for me to file another i140 under EB3+i485 for concurrent processing hoping to get EAD?
2. Do I have to wait for current i140 in EB2 category to approve until I can file another i140 in EB3?
Experts, Any opinioins?
My PD is Sep 2012 with previous employer. With current employer labor is approved and i140 filed in EB2 category with premium processing got an RFE. My lawyer is planning to send RFE response by next week.
Experts, Do I have to wait for current i140 to approve before filing i140 in EB3 category + concurrent 485?
Gurus, friends and compatriots - This is my first post in this forum but I follow this thread for last 7 years or so; it has given me hope during very grim period of time. :)
My EB2-I PD is Sep-2011 and thinking to downgrade to take advantage of the filing date movement. If I file for I-140 (EB3) and in couple of years or most likely more than that it happens that EB2-I FAD takes over EB3-I FAD, can I use my current EB2 I-140 for the final step of getting GC? Considering I don't change my employer.
Thanks in advance.
Folks,
I am in an odd situation and would appreciate if you can give me your few cents of advice.
I have an approved I-140 in EB2 and EB3 with my first employer(PD 29th July, 2010 - so I am current for filing date in both EB2 and EB3 categories). Now I am on to my 3rd employer and he has filed my PERM, unfortunately I am still waiting for approval of PERM before I can apply for I-140 in EB2 with the new employer. However I do have the option of going to my old employer as he is quite supportive and would be willing to file my I-485 (in EB3 or EB2). My PD is 29th July 2010. With this I need to know how should tackle below questions.
1. Should I wait for PERM approval with current employer which is expected some time in 2nd week of October and file for I-140 and I-485 concurrently in EB2 (they prefer EB2 category based on my profile and past filing) OR
2. Should I ask my current employer to file my I-140 in EB3 and then file I-485 concurrently OR
3. Should I instead opt for my old employer and apply for I-485 using approved I-140 in EB3?
Please, please help me decide this as now from point of timing this is very critical decision which I have to take.
Thank you very much in advance.
Folks,
I am in an odd situation and would appreciate if you can give me your few cents of advice.
I have an approved I-140 in EB2 and EB3 with my first employer(PD 29th July, 2010 - so I am current for filing date in both EB2 and EB3 categories). Now I am on to my 3rd employer and he has filed my PERM, unfortunately I am still waiting for approval of PERM before I can apply for I-140 in EB2 with the new employer. However I do have the option of going to my old employer as he is quite supportive and would be willing to file my I-485 (in EB3 or EB2). My PD is 29th July 2010. With this I need to know how should tackle below questions.
1. Should I wait for PERM approval with current employer which is expected some time in 2nd week of October and file for I-140 and I-485 concurrently in EB2 (they prefer EB2 category based on my profile and past filing) OR
2. Should I ask my current employer to file my I-140 in EB3 and then file I-485 concurrently OR
3. Should I instead opt for my old employer and apply for I-485 using approved I-140 in EB3?
Please, please help me decide this as now from point of timing this is very critical decision which I have to take.
Thank you very much in advance.
PS: Q, request you to leave this post here as there are many asking similar questions here and that other thread no expert is watching. Thx.
can anyone comment on the approximate cost of EB2 to EB3 downgrade. also, does the employer need to pay it our can i cover it myself.
It would probably take at least an year or more to get green card after filing 485. Looking at your situation I would ask these questions to make the decision if I were you.Quote:
Originally Posted by optimista
Which job will advance my career?
Which decision I would regret less in 5 years.
In my case, lawyer retained by company is charging 15K (2 months to complete paperwork) - external lawyer 2.5K (1 week to complete paperwork). HR does not want to go through external lawyer. By the time everything will be ready dates will retrogress and I will continue with my life.