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

[iamdeb]

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

yes i am getting mixed response on this...not sure what is allowed per law.....

[peterpan]

yes i am getting mixed response on this...not sure what is allowed per law.....

My comment was based on my experience in 2010. Back then employee could not pay for I-140 fee. I paid for premium processing though.

[Zenzone]

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.

You are welcome! My company is not very keen on downgrading to begin with actually so I would take it if they say they will take a little extra time.

[TB12TB12]

You are welcome! My company is not very keen on downgrading to begin with actually so I would take it if they say they will take a little extra time.

Actually I got the same vibes yesterday that they were not very keen on downgrading to begin with because they kept saying bulletin dates might change in favor of EB2 sooner than latter. Plus by the time I am ready with the docs retrogression might happen etc etc

In my mind I kept saying but but I need freedom from you guys --- so I need my EAD-AP LOL

[Positive]

Apparently, there is no law preventing it. I think the shift in position as to who can pay has happened after the courts have held that the beneficiary of an I-140 petition had standing in cases involving the petition. If payment of I140 is what is stopping you from filing in October I would say go ahead and pay for it.

[rocketfast]

I am in EB2 March 2011. My company (large silicon valley company with many Indian engineers) lawyers are already saying that they are getting overwhelmed by requests and will come with a strategy on how to handle the PD movement.

So, there will be some luck on who gets to file and who will miss out!

[Zenzone]

I am in EB2 March 2011. My company (large silicon valley company with many Indian engineers) lawyers are already saying that they are getting overwhelmed by requests and will come with a strategy on how to handle the PD movement.

So, there will be some luck on who gets to file and who will miss out!

You mean a strategy for handling downgrades Vs. straight up cases that don't need it. I understand that downgrades require a redo of I-140 which adds to the burden. I'm Jan-2011 EB2 and haven't heard anything adverse from the attorneys (although I work for a financial giant that don't have as much volumes as a buzzing silicon valley giant).

[rocketfast]

You mean a strategy for handling downgrades Vs. straight up cases that don't need it. I understand that downgrades require a redo of I-140 which adds to the burden. I'm Jan-2011 EB2 and haven't heard anything adverse from the attorneys (although I work for a financial giant that don't have as much volumes as a buzzing silicon valley giant).

I would imagine that they are getting lots of mails for downgrades. Even otherwise, I do see that just non-downgrade cases will be in hundreds which they likely do not have the capacity to do in a single month. Even for H1B, I imagine, they work over the entire first quarter to get the applications ready. Here, they have to do in a month. Hoping that they come through.

[Zenzone]

I would imagine that they are getting lots of mails for downgrades. Even otherwise, I do see that just non-downgrade cases will be in hundreds which they likely do not have the capacity to do in a single month. Even for H1B, I imagine, they work over the entire first quarter to get the applications ready. Here, they have to do in a month. Hoping that they come through.

Ya...we clearly don't have that many. Usually, large legal firms still will mop through the demand as this is how they make the big $$. I think it will all get done regardless.

[Arya Das]

Hi, All - I have a question to ask if anyone can help out. I am planning to apply for I-1485 for me and my spouse, but her passport is expiring within a month (end of Oct 2020). Are there any guidelines that passport must not be expiring within a certain duration (6 months etc.) for a person to apply I-485? Just trying to figure out any dependencies on passport dates expiration. Any help/pointers are greatly appreciated.

Thanks
Arya

[qesehmk]

Hi, All - I have a question to ask if anyone can help out. I am planning to apply for I-1485 for me and my spouse, but her passport is expiring within a month (end of Oct 2020). Are there any guidelines that passport must not be expiring within a certain duration (6 months etc.) for a person to apply I-485? Just trying to figure out any dependencies on passport dates expiration. Any help/pointers are greatly appreciated.

Thanks
Arya

To my knowledge that is not a requirement.

[pulpfiction]

Special case here - We are currently in Canada on an international engagement for my husband. He has a valid H1 till 2022. He has a PD of 06/2011 an an approved I140 (eb2) from a previous employer. Perm is just being started with the current employer. They said they would also do EB1 after he returns next year for which a perm is not necessary.
He is in good terms with his previous employer. Is it possible to have the previous employer "file" for the GC so we can received EAD/AP while abroad. What will be the implication is we continue with then new employer after doing this ? GC is for future employment. So wondering if we should purse this as a backup option to not let "once in a decade" opportunity slip. Trying not to complicate things too much, but thought It was worth exploring.

[Spurs19]

My priority date is Dec 4 2009 and I have approved I-140s in EB-2 and EB-3. My I-485 is based on EB-2. Should I file an Interfile request and ask USCIS to consider my I-485 in EB-3 or just wait until November bulletin to see if my EB-2 date becomes current?

I'm leaning towards waiting especially since USCIS can take a few months to approve my Interfiling request and by that time my EB-2 date may become current. But also want to make sure I get my GC as soon as possible, after being in US for 16 years. What is your recommendation?

[rocketfast]

My priority date is Dec 4 2009 and I have approved I-140s in EB-2 and EB-3. My I-485 is based on EB-2. Should I file an Interfile request and ask USCIS to consider my I-485 in EB-3 or just wait until November bulletin to see if my EB-2 date becomes current?

I'm leaning towards waiting especially since USCIS can take a few months to approve my Interfiling request and by that time my EB-2 date may become current. But also want to make sure I get my GC as soon as possible, after being in US for 16 years. What is your recommendation?

Your thought process is correct. EB2-I is guaranteed to hit your dates in 2-3 months.

[Arya Das]

To my knowledge that is not a requirement.

Thank you so much! Are there any guidelines available anywhere that i can refer to?

[optimista]

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.

Thanks @Newyorker for your response. Considering the 'clean case' point of view, I am leaning towards applying with the current employer. Also in this case I have one more question, after applying for I-485, how soon I can get an EAD + AP? Thanks for your inputs.

[Spurs19]

Your thought process is correct. EB2-I is guaranteed to hit your dates in 2-3 months.

Thank You. I'll sit tight until the next bulletin and make a decision.

[pulpfiction]

Special case here - We are currently in Canada on an international engagement for my husband (1-2 years). He has a valid stamped H1 till 2022. He has a PD of 06/2011 and an approved I140 (eb2) from a previous employer. Perm is just being started with the current employer. Current Employer is very supportive and said they would also do EB1 after he returns next year for which a perm is not necessary. They will even entertain us returning ASAP if needed.He is also in good terms with his previous employer. Exploring if we should do anything fancy here.

Option 1 : Do nothing fancy. Wait for Perm to be applied and approved with current employer. Based on current trend, could be Q3-2021 for Perm approval. My understanding is I can choose Eb2 or Eb3 at I140 stage after Perm is approved ?

If filing dates continue to be honored then, can we apply I140 & I485 from Canada concurrently to get EAD & AP ? Is there a requirement for us to be in the US ? My husbands H1 is still active, however I do not have a H4, not sure if that would be a problem.

Worst case, Final action dates retrogress (Filing dates are no longer honored) and we go to the dark ages, we can return per original plan and file on EB1. Eb1 I140 takes over a year, so really 2023.

Option 2 : Request old employer to file with Eb3 downgrade ? Understand this comes with a commitment that my husband will re-join them when he obtains GC in the future. If an EAD is issued, and we continue to work abroad for current employer, What happens ? I understand this is highly risky, but thought I would throw it out there to see if anyone has done anything similar. Thanks.

[GCGCGCGC]

Downgrade to EB3 or wait for next bulletin

My PD is EB2 - June 2011. Filing dates are moved till May152011 for EB2 in October bulletin, Is there is any chance that Filing Dates(FD) move further in November bulletin for EB2? should I wait or downgrade and file I140 and 485 in EB3. I know it's hard to predict. What is your recommendation? Thanks

[user017]

Special case here - We are currently in Canada on an international engagement for my husband (1-2 years). He has a valid stamped H1 till 2022. He has a PD of 06/2011 and an approved I140 (eb2) from a previous employer. Perm is just being started with the current employer. Current Employer is very supportive and said they would also do EB1 after he returns next year for which a perm is not necessary. They will even entertain us returning ASAP if needed.He is also in good terms with his previous employer. Exploring if we should do anything fancy here.

Option 1 : Do nothing fancy. Wait for Perm to be applied and approved with current employer. Based on current trend, could be Q3-2021 for Perm approval. My understanding is I can choose Eb2 or Eb3 at I140 stage after Perm is approved ?

If filing dates continue to be honored then, can we apply I140 & I485 from Canada concurrently to get EAD & AP ? Is there a requirement for us to be in the US ? My husbands H1 is still active, however I do not have a H4, not sure if that would be a problem.

Worst case, Final action dates retrogress (Filing dates are no longer honored) and we go to the dark ages, we can return per original plan and file on EB1. Eb1 I140 takes over a year, so really 2023.

Option 2 : Request old employer to file with Eb3 downgrade ? Understand this comes with a commitment that my husband will re-join them when he obtains GC in the future. If an EAD is issued, and we continue to work abroad for current employer, What happens ? I understand this is highly risky, but thought I would throw it out there to see if anyone has done anything similar. Thanks.

For option 2 you have to be in the country.

[vsivarama]

Downgrade to EB3 or wait for next bulletin

My PD is EB2 - June 2011. Filing dates are moved till May152011 for EB2 in October bulletin, Is there is any chance that Filing Dates(FD) move further in November bulletin for EB2? should I wait or downgrade and file I140 and 485 in EB3. I know it's hard to predict. What is your recommendation? Thanks

Filing Dates usually do not move every month. They remain stagnant for a while. The thought process is to allow people to file for AOS who may potentially get current over the course of the year. Don't take it from me. Review the old visa bulletins to see how the filing dates move month over month. I missed out by a few months and I am looking to downgrade.

[GCGCGCGC]

Filing Dates usually do not move every month. They remain stagnant for a while. The thought process is to allow people to file for AOS who may potentially get current over the course of the year. Don't take it from me. Review the old visa bulletins to see how the filing dates move month over month. I missed out by a few months and I am looking to downgrade.

Thank you for your reply. Good luck with your downgrade.

[bluelabel]

Downgrade to EB3 or wait for next bulletin

My PD is EB2 - June 2011. Filing dates are moved till May152011 for EB2 in October bulletin, Is there is any chance that Filing Dates(FD) move further in November bulletin for EB2? should I wait or downgrade and file I140 and 485 in EB3. I know it's hard to predict. What is your recommendation? Thanks

This is little difficult to predict, however USCIS may be forced to move EB2I filing dates into 2012. In couple of months, EB3I queue would increase to a giant size due to downgrades and USCIS will be left with no choice but move EB2I filing dates if it has to use all available green cards(Almost 75000 in EB2 alone).

Also EB3 ROW was not current till Sept 2020 bulletin but EB2 row is current. This means there may be more pending ROW cases in EB3 queue than EB2 queue and Philippines nurses use more EB3 row GCs when the consulates open abroad.

[vbollu]

Downgrade to EB3 or wait for next bulletin

My PD is EB2 - June 2011. Filing dates are moved till May152011 for EB2 in October bulletin, Is there is any chance that Filing Dates(FD) move further in November bulletin for EB2? should I wait or downgrade and file I140 and 485 in EB3. I know it's hard to predict. What is your recommendation? Thanks

you can do one thing, start processing for EB3 downgrade and try to submit papers to attorney, every month visa bulletin is issuing bulletin around 19th or 20th day of the month, if if your date become current and then you can ask your attorney to file on eb2 category other wise you can proceed in eb 3 category. the AOS is same for eb2/3 application the only difference is filing I-140 in case of downgrading.

[cool_dude]

I missed eb2 filling date by 10 days..As per company's policy they only file one i-140. I am trying to get them to downgrade to EB3 and pay for I-140 fees.Still no answer from lawyer.Keep telling me we will be in touch