Reverse Porting EB2 --> EB3 Discussion

[AceMan]

Hi, I have been following these both these threads, which has been quite helpful to gauge where I am in GC queue. Thanks everyone. Here is my case, my PD is EB2-India July 2009. Initially my case was filed under EB3 and then it was ported to EB2 later. I checked with Attorney whether I can use my EB3 I-140 and file I-485. He mentioned that I can file under EB2 or EB3, as retaining PD will not invalidate EB3 or EB2 filing, both are two seperate things. Now I am confused whether I should go ahead and file under EB3 or wait for some time and decide based on future EB2 movement. What are your predictions, when will my PD be current in EB2 or EB3?

My recommendation would be go with EB3. My reasoning as follows. EB2 I has got more than 3000 known numbers for Apr/May/June. EB3 I, even though FAD is Jan 2009, it can potentially 3I can get an explosive movement in Jan 2019 or Apr 2019 bulletin similar to April 2018 bulletin. You can utilize the filing date option for this month, get an EAD with 3 months, set and get the interview done by the Jan/Feb 2019 and be right in line to get your GC in April 2019 if the FAD moves as mentioned earlier. If you go with EB2, I don't see a chance before June 2019 and that too is a long shot.

[EB2/eb3]

My recommendation would be go with EB3. My reasoning as follows. EB2 I has got more than 3000 known numbers for Apr/May/June. EB3 I, even though FAD is Jan 2009, it can potentially 3I can get an explosive movement in Jan 2019 or Apr 2019 bulletin similar to April 2018 bulletin. You can utilize the filing date option for this month, get an EAD with 3 months, set and get the interview done by the Jan/Feb 2019 and be right in line to get your GC in April 2019 if the FAD moves as mentioned earlier. If you go with EB2, I don't see a chance before June 2019 and that too is a long shot.

Even with 25k pending in eb3(got this number from ur previous post) u are anticipating big movements in Jan/April 2019 for eb3?

[AceMan]

Even with 25k pending in eb3(got this number from ur previous post) u are anticipating big movements in Jan/April 2019 for eb3?

That 30K (approximation) would be for both EB2 and 3 I for years 2009 and 2010. Those were recession years.

[IamGSN]

@AceMan, Thanks for your suggestions. I am also thinking on the same line to file under EB3.

[HarepathekaIntezar]

@AceMan, Thanks for your suggestions. I am also thinking on the same line to file under EB3.

As long as your attorney says you won't lose your place in the EB2 Que, it is a win win situation for you to file in both que's and take advantage.

[jimmys]

My EB2 PD is Sep 2010 . If i ask my company to file for EB3 - I140, in case of any issues with EB3- I140 does my EB2-I140 still valid and can be used for I485?

From my understanding you can have only one active I-140 per PERM. FYI, people who port from EB-3 to EB-2 will have 2 I-140s linked with two different PERMs.

[siriyal75]

I checked with one of the top Attorney firms, these two are parallel applications, EB3 downgrade won't effect EB2.
Downgrades from EB2 to EB3 do not require a new Perm but would require a new I-140 petition, in new I-140 they request a duplicate copy of Labor from DOL, so there is no premium processing for this I-140, and also original Labor is tied to EB2 related I-140.
Only risk is cost of filing new I-140 and I-485 if concurrent filing also delay in processing new I-140 in regular processing.

[jimmys]

I checked with one of the top Attorney firms, these two are parallel applications, EB3 downgrade won't effect EB2.
Downgrades from EB2 to EB3 do not require a new Perm but would require a new I-140 petition, in new I-140 they request a duplicate copy of Labor from DOL, so there is no premium processing for this I-140, and also original Labor is tied to EB2 related I-140.
Only risk is cost of filing new I-140 and I-485 if concurrent filing also delay in processing new I-140 in regular processing.

Correct. But once you move to EB-3 category with I-485, is your EB-2 I-485 valid? I don't think so.

[gcvijay]

Correct. But once you move to EB-3 category with I-485, is your EB-2 I-485 valid? I don't think so.

It is valid. You can switch over to EB2-I if it becomes current than EB3 -I but attorney's(some) are saying that if that happens and even if a downgrade happens without a perm then its possible to get denied as they are saying that it is playing against the labor market and the job is actually not being tested for labor market and also they say when many applications like this come from an employer then the employer is considered as gaming the USCIS EB immigration system and this gets even complicated when going to interview where the interviewer doesn't understand anything in the entire document sent and question us why we have downgraded and deny application if I-140 approved application isn't available. These are the words from a Fragomen Attorney and also Murthy. I also heard that this doesn't affect ppl who had a previous EB3 application either through the same employer or different employer. Also, i heard some chinese folks who had the scenario of eb3 downgrade without a perm got some denials but i heard it from a chinese friend as I cannot read some chinese forums as they tweet\blog in chinese language.

[IamGSN]

It is valid. You can switch over to EB2-I if it becomes current than EB3 -I but attorney's(some) are saying that if that happens and even if a downgrade happens without a perm then its possible to get denied as they are saying that it is playing against the labor market and the job is actually not being tested for labor market and also they say when many applications like this come from an employer then the employer is considered as gaming the USCIS EB immigration system and this gets even complicated when going to interview where the interviewer doesn't understand anything in the entire document sent and question us why we have downgraded and deny application if I-140 approved application isn't available. These are the words from a Fragomen Attorney and also Murthy. I also heard that this doesn't affect ppl who had a previous EB3 application either through the same employer or different employer. Also, i heard some chinese folks who had the scenario of eb3 downgrade without a perm got some denials but i heard it from a chinese friend as I cannot read some chinese forums as they tweet\blog in chinese language.

It makes sense! I don't think any employer would agree to do that. That's the one of reason, I want to wait and watch the EB2-I movement for couple more months before I decide to file I-485 under EB3-I. Not sure, if EB3-India Final Action Date will surpass the EB2-India FAD.

[jimmys]

It makes sense! I don't think any employer would agree to do that. That's the one of reason, I want to wait and watch the EB2-I movement for couple more months before I decide to file I-485 under EB3-I. Not sure, if EB3-India Final Action Date will surpass the EB2-India FAD.

If you think about PERM ratio after 2009 between EB-2 and EB-3(Original filers) and the horizontal spillovers in EB-3,devoid of spillovers in EB-2, the EB-3 should stay ahead of EB-2 logically. The problem would start only if downgrades happen significantly. The Chinese EB-3 downgrades took 5 years to catch up with EB-2. May be India will happen in a few years time.

[delguy]

I have EB-2 petition filed by my employer for the position that I currently work in. If I ask them to consider Eb-3, would that have to be a different job offer? How otherwise the same job can satisfy the criteria for both Eb-2 and Eb-3? The job required Eb-2 (Bachelor's plus 5 yrs), how it will now require just Bachelor's?

[AceMan]

It is valid. You can switch over to EB2-I if it becomes current than EB3 -I but attorney's(some) are saying that if that happens and even if a downgrade happens without a perm then its possible to get denied as they are saying that it is playing against the labor market and the job is actually not being tested for labor market and also they say when many applications like this come from an employer then the employer is considered as gaming the USCIS EB immigration system and this gets even complicated when going to interview where the interviewer doesn't understand anything in the entire document sent and question us why we have downgraded and deny application if I-140 approved application isn't available. These are the words from a Fragomen Attorney and also Murthy. I also heard that this doesn't affect ppl who had a previous EB3 application either through the same employer or different employer. Also, i heard some chinese folks who had the scenario of eb3 downgrade without a perm got some denials but i heard it from a chinese friend as I cannot read some chinese forums as they tweet\blog in chinese language.

2 I-485's applications active at the same time is valid? Are you sure ?

One will be denied.
https://www.avvo.com/legal-answers/f...s-2337339.html

[ramks01]

Can we file our self to file downgrading EB2 to EB3 application. Is it good idea to do so..or need to go with very good attorney?

[feedmyback]

Hi Friends,

Here is my situation. Not that anything is changing for me any time soon. But I wanted to have some clarity since this is a thread that is talking about potential EB2 - EB3 downgrades.

I have my old I-140 approved with my previous employer for EB2 with a PD in 2010.
Now my new employer has applied my new PERM.

Question is... assuming in the next 2 -3 months my PD will become current in EB3, is it possible for me to apply both my I-140 and 485 concurrently and most importantly apply my I-140 in premium? The reason I ask is I am already in the process of applying through my new employer irrespective of the current date movements. So technically it is not a porting I-140. But did not know for sure. Any experts want to weigh in on my situation?

Thanks in advance

[LASHAB]

My company has agreed to downgrade to EB3 (from EB2). My PD is July 2009 and I never filed for AoS before, since I changed employers when the PD became current in 2012. I am not sure if I should do this given the complications. Our attorney is Fragomen and I havent talked to them yet. Knowledgeable people on this forum please advise.

[Rossman]

Here is our situation....
My wife has been employed with employer A.
Employer A filed for her green card in EB3 india category in june 2009 (They have an approved I 140 for EB3)
Employer A upgraded the case to EB2 india (They have an approved I 140 for EB2)
My wife applied for EAD card in 2015 under EB2, we got the EAD
After 180 days on EAD my wife changed to Employer B, since then she has been working for Employer B
and has renewed our EAD in 2017 and 2018 (The latest validity dates on EAD is until 2020)

Employer A asked to check with Lawyer if she can apply for 485 using EB3 dates (As EB3 dates are ahead or EB2)
Can she downgrade from EB3 to EB2, what are the implications.

[canada]

My recommendation would be go with EB3. My reasoning as follows. EB2 I has got more than 3000 known numbers for Apr/May/June. EB3 I, even though FAD is Jan 2009, it can potentially 3I can get an explosive movement in Jan 2019 or Apr 2019 bulletin similar to April 2018 bulletin. You can utilize the filing date option for this month, get an EAD with 3 months, set and get the interview done by the Jan/Feb 2019 and be right in line to get your GC in April 2019 if the FAD moves as mentioned earlier. If you go with EB2, I don't see a chance before June 2019 and that too is a long shot.

Aceman, in the other thread you quoted that by the of the September 2019, the EB2 India will cross October 2009. Does that prediction still hold the same ground or is it getting pushed back due to the current slow movement of EB2? Thanks

[AceMan]

Aceman, in the other thread you quoted that by the of the September 2019, the EB2 India will cross October 2009. Does that prediction still hold the same ground or is it getting pushed back due to the current slow movement of EB2? Thanks

There was a condition of close to 5000 SO for EB2 I to reach Oct 2009, by this FY end. I don't see that happening anymore. We will be lucky if it reaches July 2009.

[gcvijay]

There was a condition of close to 5000 SO for EB2 I to reach Oct 2009, by this FY end. I don't see that happening anymore. We will be lucky if it reaches July 2009.

What will be the movement of Eb2 and Eb3 INDIA for the rest of this FY? Where will we end this FY on both these categories?

[AceMan]

What will be the movement of Eb2 and Eb3 INDIA for the rest of this FY? Where will we end this FY on both these categories?

EB2 - I July 2009. EB3 - I 1st Jan 2010.

[excalibur123]

EB2 - I July 2009. EB3 - I 1st Jan 2010.

you are welcome Aceman

[EB32010]

EB2 - I July 2009. EB3 - I 1st Jan 2010.

I understand the doom and gloom because of the last bulletin but come on. We just finished 2nd quarter. And SO will be applied only in July or maybe earlier due to mandate interview. I expect India to get north of 3000 SO and if that happens EB3 will come close to April 2010.

[canada]

There was a condition of close to 5000 SO for EB2 I to reach Oct 2009, by this FY end. I don't see that happening anymore. We will be lucky if it reaches July 2009.

You are absolutely right. I went back to your post- number 4192 and you did mention that WITHOUT SPILLOVER- it might reach October 2009 in September 2020. I waited this long, I think I can push myself for another 12 -14 months wait.


Thanks Aceman ��

http://www.qesehmk.org/forums/showth...1100#post61100

[ramks01]

Can I file myself from Eb2 to EB3 or I need to ask my company to do that downgrade?