Upgrading or Downgrading (i.e. EB2-EB3 Cross Porting)

[GCGCGCGC]

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.

[abcx13]

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.

Answering my own questions:

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.

[Tandav]

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.

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)..

[oraclept]

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 ?

[Positive]

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..........

[oraclept]

2013 is best to move on to eb3 line imo..

[iamdeb]

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/

[newyorker]

2013 is best to move on to eb3 line imo..

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.

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?

[newyorker]

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?

[sudebusa]

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.

[optimista]

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.

[optimista]

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.

[iamdeb]

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.

[newyorker]

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.

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.

Which job will advance my career?
Which decision I would regret less in 5 years.

[TB12TB12]

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.

[Zenzone]

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.

Two months for downgrading pprwrk? That seems a bit odd. Also, typically USCIS when it honors filing dates, it keeps it that way for few months so not all is lost for you here even if your lawyer takes that much time.

[alpha0]

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.

It is very common, many HR depts want to work with approved law firm only. And since 140 belongs to employer, you can not do much about it. Go with that law firm and if needed, they will expedite your paperwork to file before OCt 31.

[peterpan]

I made mistake of using own lawyer in 2008
Had to jump through hoops to have company pay attorney for Perm. Setting them up in system to pay etc......big mistake....had to abandon half way through...lost 1.5 year filing PERM....still waiting for Green card.

[TB12TB12]

Two months for downgrading pprwrk? That seems a bit odd. Also, typically USCIS when it honors filing dates, it keeps it that way for few months so not all is lost for you here even if your lawyer takes that much time.

Thank you for showing the bright side of things. There are 2 categories of people in my company - ones who became current in EB2 & EB2 AND ones who will be current after downgrading. HR has decided to treat downgraders as 2nd preference.

[iamdeb]

It is very common, many HR depts want to work with approved law firm only. And since 140 belongs to employer, you can not do much about it. Go with that law firm and if needed, they will expedite your paperwork to file before OCt 31.

as per law does the employer has to pay for the cost of downgrade or can the employee pay for it himself?

[Positive]

as per law does the employer has to pay for the cost of downgrade or can the employee pay for it himself?

you can pay for the I-485, employer still has to pay for the I-140 i think.

[iamdeb]

you can pay for the I-485, employer still has to pay for the I-140 i think.

ya i can pay for the I-485 but am not sure about the I-140 payment. getting varied information on google regarding it....hence checking with the experts here.......

[peterpan]

I-140 premium processing can be paid by you. The I-140 filing fee has to be paid by the company.

[Positive]

I see multiple law firms saying employee can pay for the I-140.

[Positive]

I think you can safely pay for the I-140.